Township of Hempfield, PA
Westmoreland County
[HISTORY: Adopted by the Board of Supervisors of the Township of Hempfield 5-9-1983 as Ord. No. 83-9. (This ordinance also repealed former Ch. 60, Occupancy Permit, adopted 3-9-1981 as Ord. No. 81-5.) Amendments noted where applicable.]
GENERAL REFERENCES
Building permits — See Ch. 41.
Flood damage prevention — See Ch. 49.
Registration of multiple dwellings — See Ch. 58.
Smoke and heat detectors — See Ch. 69.
Subdivision of land — See Ch. 76.
Zoning — See Ch. 87.

§ 60-1 Title.

This chapter shall be known as the "Hempfield Township Building Occupancy Permit Ordinance."

§ 60-2 Definitions.

The following words shall be given the definitions herein described for the purpose of interpreting this chapter:
NEW STRUCTURE
A structure or building having at least 500 square feet of covered (having a roof erected over the same) floor space. This definition shall only be applied to new buildings and additions to buildings already in existence.
OCCUPANCY
Whenever for the first or initial time a new structure is occupied as a residence or accessory use to a residence; whenever any structure is occupied at any time to be used as a place of business or for an industrial use or agricultural use, or for any other type of use which is not residential or an accessory use to a residential dwelling.

§ 60-3 Application; inspection; grant or denial.

A. 
No new structure shall be occupied (occupancy made of the same) without there first being filed by the owner an application for an occupancy permit, on a form supplied by Hempfield Township, for occupancy of the same. Said application shall be made to the Ordinance Office of Hempfield Township. The Ordinance Office of Hempfield Township may, before issuance of an occupancy permit, inspect the new structure in order to ensure that the same has been erected in conformity with all ordinances of Hempfield Township regulating and controlling the erection and/or location of such new structure. The Hempfield Township Ordinance Office shall issue an occupancy permit when it has been determined that the erection and/or location of the new structure has not violated any ordinances of Hempfield Township. The Hempfield Township Ordinance Office may deny the issuance of an occupancy permit if there is found to exist violations of ordinances of Hempfield Township concerning the erection and/or location of such new structure. For residential uses an occupancy permit will only be required whenever a structure has been occupied for the first or initial time.
B. 
No new structure or already existing structure shall be occupied by any person, corporation, partnership or any other type of legal entity for purposes other than residential uses or accessory uses thereto without there first being filed by the owner or occupant, or future occupant, an application for an occupancy permit, on a form supplied by Hempfield Township, for occupancy of the same. Said application shall be made to the Ordinance Office of Hempfield Township. The Ordinance Office of Hempfield Township, before issuance of the occupancy permit, shall inspect the premises in order to ensure that there is conformity with all ordinances of Hempfield Township concerning the structure and occupancy of the same. The Hempfield Township Ordinance Office shall issue an occupancy permit when it has been determined that the structure is not in violation of any ordinances of Hempfield Township. The Hempfield Township Ordinance Office may deny the issuance of an occupancy permit if there is found to exist violations of the ordinances of the Township of Hempfield concerning said structure.

§ 60-4 Fees.

[Amended 10-27-2003 by Ord. No. 2003-18]
Anyone filing an application for an occupancy permit with the Township of Hempfield shall, at the time of the filing of an application, pay to the Township of Hempfield a fee as shall be set forth in a resolution duly adopted by the Board of Supervisors of the Township of Hempfield.

§ 60-5 Permit required.

No new structure occupied as a residence or accessory use to a residence or any existing structure occupied for any other purpose shall be so occupied by any person, partnership, corporation or any other type of entity unless an occupancy permit has been issued by the Hempfield Township Ordinance Office allowing occupancy of the same.

§ 60-6 Violations and penalties.

[Amended 6-12-1989 by Ord. No. 89-13; 4-8-1996 by Ord. No. 96-4; 6-9-1997 by Ord. No. 97-9]
A. 
Any person, firm, partnership or corporation who or which shall violate the provisions of this chapter shall, upon conviction thereof by a District Justice in a summary criminal proceeding, be punishable by a fine of not less than $100 nor more than $1,000, together with the cost of prosecution and reasonable attorney fees or, in default of payment thereof, by imprisonment for not more than 30 days. Each day that a violation continues under the provisions of this chapter shall be considered a separate enforceable offense.
B. 
In the enforcement of this section, the Code Enforcement Officer of Hempfield Township may, at his sole discretion, utilize a citation notice, in a form to be approved by the Board of Supervisors, notifying the person responsible as to the violation of this chapter and providing that person an opportunity to remedy said violation within five days of the date of that notice and to impose a fine not to exceed $50 payable to the Township of Hempfield, without the necessity of a court proceeding and the imposition of attorney fees and court costs.
C. 
Notwithstanding the foregoing, Hempfield Township may, if it deems it appropriate, proceed in an action in equity to cause an injunction to issue, either preliminarily or otherwise, or to have a court of competent jurisdiction issue a restraining order against any person, firm, partnership, corporation, joint venture or any other type of legal entity from a violation or violations of the within chapter.
D. 
Notwithstanding any and all of the foregoing enforcement provisions, the Fire Code Inspector and/or the Code Enforcement Officer of the Township of Hempfield may, upon discovery of a violation of any section of this chapter, immediately issue a written notification revoking any and all permits which may have been issued to the offending property owner or that owner's representative relating to the use or operation of the property for which the violation is noted. Such written notification shall constitute a stop-work order, requiring the immediate cessation of all on-going activity, construction or utilization of the property until and unless all violations have been remedied.