[HISTORY: Adopted by the Borough Council of the Borough of Pleasant
Hills as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-17-2004 by Ord. No. 825]
Pursuant to § 1008 (b) of the Borough Code, 53 P.S. § 46008(b),
the codification of the legislative ordinances for the Borough of Pleasant
Hills, County of Allegheny, Commonwealth of Pennsylvania, as revised, codified
and consolidated into chapters, articles and sections by General Code Publishers
Corp., are hereby approved, adopted, ordained and enacted as a single ordinance
of the Borough of Pleasant Hills, which shall be known and is hereby designated
as the "Code of the Borough of Pleasant Hills," hereinafter referred to as
the "Code."
The provisions of this Code, insofar as they are substantively the same as those of ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Borough Council of the Borough of Pleasant Hills, and it is the intention of said Borough Council that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former Ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 1-15 below.
All ordinances and parts of ordinances of a general and permanent nature adopted by the Borough of Pleasant Hills and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 1-15 below, except as hereinafter provided and/or expressly provided in § 1-4 below.
The adoption of this Code and the repeal of ordinances provided for in § 1- 3 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal; provided, however, that the repeal of certain ordinances pursuant to § 1-3 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:
A.
Any ordinance adopted subsequent to 10-16-2000.
B.
Any right or liability established, accrued or incurred
under any legislative provision of the Borough prior to the effective date
of this ordinance or any action or proceeding brought for the enforcement
of such right or liability or any cause of action acquired or existing.
C.
Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision of the Borough
or any penalty, punishment or forfeiture which may result therefrom.
D.
Any prosecution, indictment, action, suit or other proceeding
pending or any judgment rendered prior to the effective date of this ordinance,
brought pursuant to any legislative provision of the Borough.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Borough or any lawful contract, obligation
or agreement.
F.
Any ordinance appropriating money or transferring funds,
promising or guaranteeing the payment of money or authorizing the issuance
and delivery of any bond of the Borough or other instruments or evidence of
the Borough's indebtedness.
G.
Any ordinance adopting an annual budget or establishing
an annual tax rate.
H.
Any ordinance providing for the levy, imposition or collection
of special taxes, assessments or charges.
I.
Any ordinance authorizing the purchase, sale, lease or
transfer of property or acquiring property by acceptance of deed, condemnation
or exercise of eminent domain.
J.
Any ordinance annexing land to the Borough.
K.
Any ordinance providing for or requiring the construction
or reconstruction or opening of sidewalks, curbs and gutters.
L.
Any ordinance or part of an ordinance providing for laying
out, opening, altering, widening, relocating, straightening, establishing
grade, changing the name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, sidewalk, park or other public place or property
or designating various streets as public highways.
M.
Any ordinance establishing water, sewer or other special
purpose districts and designating the boundaries thereof; providing for a
system of sewers or water supply lines; or providing for the construction,
extension, dedication, acceptance or abandonment of any part of a system of
sewers or water supply lines; or providing for the collection of fees and
charges related to the use of water and/or the sewers.
N.
Any ordinance providing for the making of public improvements.
O.
Any ordinance providing for the salaries and compensation
of officers and employees of the Borough or setting the bond of any officer
or employee.
P.
Any ordinance concerning changes and amendments to the
Zoning Map.
Q.
Any ordinance relating to or establishing a pension plan
or pension fund for municipal employees.
R.
Any ordinance or portion of an ordinance or resolution
establishing a specific fee amount for any license, permit or service obtained
from the Borough.
S.
Any ordinance or resolution establishing a fine or penalty
for violation of a Borough ordinance.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-4 and/or prior to the date of adoption are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such ordinances shall be temporarily placed in the Code until printed supplements are included.
A.
Nonsubstantive grammatical changes. In compiling and
preparing the ordinances of the Borough for adoption and revision as part
of this Code, certain nonsubstantive grammatical and style changes were made
in one or more of said ordinances. It is the intention of the Borough Council
that all such changes be adopted as part of the Code as if the ordinances
so changed had been previously formally amended to read as such.
B.
Nomenclature.
(1)
Throughout the Code, wherever the following terms were
used in the original legislation, they have been updated as follows:
(a)
The term "Burgess" is revised to read "Mayor" (except
in historical documents such as the Sewer Authority's Articles of Incorporation).
(b)
The terms "District Magistrate" and "Justice of the Peace"
are revised to read "District Justice."
(c)
In penalty sections where "Burgess" or "Mayor" was cited
as a convicting official, such term has been deleted.
C.
Statutory references. Where original legislation referred
to repealed provisions of state law and the new controlling statute was apparent,
statutory references have been updated as follows:
(1)
In § 47-1, the reference to "the Regional Planning
Law of 1956, May 29, P.L. (1958) 1845, Section 202 as amended by Act No. 284,
December 8, 1976, P.L. 1277" (which was repealed 12-19-1996 by P.L. 1158,
No. 177) is revised to read "53 Pa. C.S.A. § 2341 et seq."
(2)
In § 59-1, the reference to the "Newspaper Advertising Act of 1929, May 16, P.L. 1784" (which was repealed 7-9-1976 by P.L. 877, No. 160) is revised to read "45 Pa. C.S.A. § 301 et seq."
(3)
In § 77-18, the reference to the "Intergovernmental
Cooperation Act, 1972, July 12, No. 180, § 1 et seq., 53 P.S. § 481
et seq., as amended" (which was repealed 12-19-1996 by P.L. 1158, No. 177)
is revised to read "53 Pa. C.S.A. § 2301 et seq."
D.
The enactment of this ordinance incorporates the revisions
and amendments of Ordinance No. 824, which is enacted the same date as the
within ordinance. Ordinance No. 824 was enacted as a summary of revisions
to existing ordinances.
In interpreting and applying the provisions of the Code, they shall
be held to be the minimum requirements for the promotion of the public health,
safety, comfort, convenience and general welfare. Where the provisions of
the Code impose greater restrictions or requirements than those of any statute,
other ordinance, resolution or regulations, the provisions of the Code shall
control Where the provisions of any statute, other ordinance, resolution or
regulation impose greater restrictions or requirements, the provisions of
such statute, other ordinance, resolution or regulation shall control.
A.
Chapter and article titles, headings and titles of sections
and other divisions in the Code or in supplements made to the Code are inserted
in the Code and may be inserted in supplements to the Code for the convenience
of persons using the Code and are not part of the legislation.
B.
Editor's notes indicating sources of sections, giving
other information or referring to the statutes or to other parts of the Code,
are inserted in the Code and may be inserted in supplements to the Code for
the convenience of persons using the Code and are not part of the legislation.
Three copies of the Code in a post-bound volume shall be filed with
the Ordinance Book in the office of the Borough Secretary and shall remain
there for use and examination by the public. Upon adoption, such copies shall
be certified to by the Borough Secretary, as provided by law, and such certified
copies shall remain on file in the office of the Borough Secretary, available
to persons desiring to examine the same during all times while said Code is
in effect.
Any and all additions, deletions, amendments or supplements to the Code,
when passed and adopted in such form as to indicate the intention of the Borough
Council to be a part thereof, shall be deemed to be incorporated into such
Code so that reference to the Code shall be understood and intended to include
such changes. Whenever such additions, deletions, amendments or supplements
to the Code shall be adopted, they shall thereafter be printed and, as provided
hereunder, inserted in the post-bound book containing said Code as amendments
and supplements thereto.
It shall be the duty of the Borough Secretary or someone authorized
and directed by the Borough Secretary to keep up-to-date the certified copies
of the book containing the Code required to be filed in the office of the
Borough Secretary for the use of the public. All changes in said Code and
all ordinances and resolutions adopted by the Borough Council subsequent to
the effective date of this codification which the Borough Council shall adopt
specifically as part of the Code shall, when finally adopted, be included
therein by reference until such changes or new ordinances or resolutions are
printed as supplements to the Code books, at which time such supplements shall
be inserted therein.
Borough Secretary, pursuant to law, shall cause to be published in the
manner required a notice of the introduction and of the adoption of the Code
in a newspaper of general circulation in the Borough. The enactment and application
of this ordinance, coupled with the publication of the notices of introduction
and adoption, as required by law, and the availability of copies of the Code
for inspection by the public, shall be deemed, held and considered to be due
and legal publication of all provisions of the Code for all purposes.
It shall be unlawful for anyone to improperly change or amend, by addition
or deletion, or to alter or tamper with the Code or any part or portion thereof,
in any manner whatsoever, which will cause the law of the Borough to be misrepresented
thereby. Anyone violating this section of this ordinance shall, upon conviction
thereof, be punished by a fine not exceeding $600, plus costs of prosecution,
and, in default of payment thereof, by imprisonment for a term not exceeding
30 days.
The provisions of this ordinance and of the Code adopted hereby are
severable, and if any clause, sentence, subsection, section, article, chapter
or part thereof shall be adjudged by a court of competent jurisdiction to
be illegal, invalid or unconstitutional, such judgment or decision shall not
affect, impair or invalidate the remainder thereof but shall be confined in
its operation and application to the clause, sentence, subsection, section,
article, chapter or part thereof rendered illegal, invalid or unconstitutional.
It is hereby declared to be the intent of the Borough Council that this ordinance
and the Code would have been adopted if such illegal, invalid or unconstitutional
clause, sentence, subsection, section, article, chapter or part thereof had
not been included therein.
