[HISTORY: Adopted by the Borough Council of the Borough of Matamoras 10-8-1974 as Ord. No. 164, approved 10-8-1974. Section 48-11A, amended at time of adoption of Code; see Ch. 1, General Provisions, Article I. Other amendments noted where applicable.]
It shall be unlawful for any person, partnership, business or corporation to undertake or cause to be undertaken the construction, reconstruction, enlargement, alteration or relocation of any building or structure, unless an approved building permit has been obtained from the Municipal Building Permit Officer.
A building permit shall not be required for repairs to existing buildings or structures, provided that no structural changes or modifications are involved.
As used in this chapter, the following definitions shall have the meanings indicated:
- A combination of materials to form a permanent structure having walls and a roof; included shall be all mobile homes and trailers to be used for human habitation.
- Any person, persons, partnership, business or corporation.
- A combination of materials to form something permanently affixed to or in the ground or to any other building or structure permanently affixed to or in the ground; included shall be such things as driveways, carports, porches, swimming pools, etc.
Application for such a building permit shall be made in writing to the Building Permit Officer on forms supplied by the municipality. Such application shall contain at least the following:
Name and address of applicant.
Name and address of owner of land on which proposed construction is to occur.
Name and address of contractor.
Brief description of proposed work and estimated cost.
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
The Building Permit Officer shall issue a building permit only after it has been determined that the proposed construction will be in conformance with all applicable requirements and regulations.
After the issuance of a building permit by the Building Permit Officer, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application, without the written consent or approval of the Building Permit Officer.
In addition to the building permit, the Building Permit Officer shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the building permit and the date of its issuance and shall be signed by the Building Permit Officer.
Work on the proposed construction shall begin within six (6) months after the date of issuance of the building permit or the permit shall expire, unless a time extension is granted, in writing, by the Building Permit Officer. Construction shall be considered to have started with the first placement of permanent construction of the site, such as the pouring of slabs or footings or any work beyond the stage of excavation. For a structure without a basement of poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation or the affixing of any prefabricated structure or mobile home to its permanent site. Permanent construction does not include land preparation, land clearing, grading or filling; excavation for basement, footings, piers or foundations; erection of temporary forms; the installation of piling under proposed subsurface footings; or the installation of sewer, gas and water pipes or electric or other service lines from the street.
During the construction period, the Building Permit Officer or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. In the event that the Building Permit Officer discovers that the work does not comply with the permit application or any applicable laws and ordinances or that there has been a false statement or misrepresentation by any applicant, the Building Permit Officer shall revoke the building permit and report such fact to the Borough Council for whatever action it considers necessary.
[Amended 11-1-1976 by Ord. No. 179, approved 11-1-1976]
Applications for a building permit shall be accompanied by a fee, payable to the Borough of Matamoras, in such amount or amounts as may be set and established from time to time by the Borough Council.
Any person aggrieved by the Building Permit Officer's estimate of the cost of the proposed construction may appeal to the Borough Council. Such appeal must be filed, in writing, within thirty (30) days after the determination by the Building Permit Officer. Upon receipt of such appeal, the Borough Council shall set a time and place not less than ten (10) nor more than thirty (30) days for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard. The determination of the estimated cost by the Borough Council shall be final in all cases.
Any person who fails to comply with any or all of the requirements or provisions of this chapter or who fails or refuses to comply with any notice, order or direction of the Building Permit Officer or any other authorized employee of the municipality shall be guilty of any offense and, upon conviction, shall pay a fine to the Borough of Matamoras of not less than twenty-five dollars ($25.) nor more than one thousand dollars ($1,000.), plus costs of prosecution. In default of such payment, such person shall be imprisoned in the county prison for a period not to exceed thirty (30) days. Each day during which any violation of this chapter continues shall constitute a separate offense. In addition to the above penalties, all other actions are hereby reserved, including an action in equity, for the proper enforcement of this chapter.
[Amended 12-30-1975 by Ord. No. 174, approved 12-30-1975; 9-6-1988 by Ord. No. 217]
The imposition of a fine or penalty for any violation of or noncompliance with this chapter shall not excuse the violation or noncompliance or permit it to continue, and all such persons shall be required to correct or remedy such violations and noncompliances within a reasonable time. Any structure or building constructed, reconstructed, enlarged, altered or relocated in noncompliance with this chapter may be declared by the Borough Council to be a public nuisance and abatable as such.