[HISTORY: Adopted by the Board of Supervisors
of the Township of Limerick 12-3-1991 by Ord. No. 138. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction — See
Ch. 60.
Driveways — See Ch. 75.
Property maintenance — See Ch. 132.
The term "applicable codes and ordinances" and
the enforcement thereof as referred to in this as well as other sections
of this chapter shall apply to those codes and/or ordinances which
are listed as follows:
There is hereby created by the Board of Supervisors of the municipality an office to be known as the "Office of Code Enforcement." Said office shall have the responsibility for administering and enforcing the provisions of this chapter and of those other codes and/or ordinances of the municipality referred to as "applicable codes and ordinances" in § 70-1 of this chapter, which designates said Office of Code Enforcement as their official administration and enforcement agency.
There shall be appointed, by the Board of Supervisors
of the municipality, a Code Enforcement Officer, who shall be in charge
of the Office of Code Enforcement of the municipality. The Code Enforcement
Officer shall supervise such other employees or assistants as shall
be necessary for the administration and execution of the responsibilities
of said office, as appointed and approved by the Board of Supervisors.
Said Code Enforcement Officer and other personnel may consist of employees
directly hired and compensated by the municipality.
The Code Enforcement Officer or other official
or employee shall not, while acting for the municipality, render himself
liable personally because of any act or omission as required or permitted
in the discharge of his official duties. Any suit instituted against
such Code Enforcement Officer, official or employee of his duties
shall be defended by the Solicitor of the municipality, and in no
case will said officer, official or employee be liable for costs in
any action, suit or proceeding.
An official record shall be kept of all business
and activities of the Office of Code Enforcement, and all such records
shall be open to the public for inspection at all appropriate times,
except that no individual, owner, operator, occupant or other person
shall be subject to unwarranted invasion of privacy, and except that
all evidence or information obtained in the course of any inspection
shall be kept confidential. Such evidence or information shall not
be disclosed, except as may be necessary in the judgment of the Code
Enforcement Officer for the proper and effective administration and
enforcement of the provisions of this chapter, and shall not otherwise
be made public without the consent of the owner, occupant, operator
or other person in charge of the unit, structure or premises inspected.
The Code Enforcement Officer shall enforce and
administer all of the provisions of this chapter and of those other
applicable codes and ordinances which establish the Office of Code
Enforcement as their official administration and enforcement agency.
The duties of the Code Enforcement Officer shall
include the receipt of applications, the issuance of permits, notices,
certificates and orders, the making of inspections to determine conformance
with applicable codes and ordinances, the undertaking of systematic
inspection programs, the undertaking of searches and investigations,
the recommendation of appropriate administrative rules for review
and adoption by the Code Hearing Board, the keeping of records, the
issuance of written annual reports and such other activities as may
be required.
A.
In the discharge of his duties and upon reasonable
cause of a code violation, the Code Enforcement Officer or his authorized
representative, upon showing proper identification where requested,
is hereby authorized to enter and inspect, between the hours of 9:00
a.m. and 4:00 p.m., any structure or premises in the municipality
to enforce the provisions of this chapter and of those other applicable
codes and ordinances. The assistance and cooperation of all other
municipality officials, including Police and Fire Departments, shall
be available to the Code Enforcement Officer to assist in the performance
of his duties and in securing right of entry.
B.
The Code Enforcement Officer and the owner, operator
or occupant or other person in charge of any structure or premises
subject to the provisions of this chapter may agree to an inspection
by appointment at a mutually convenient time.
C.
The owner, operator or occupant or other person in
charge of any structure or premises shall give the Code Enforcement
Officer entry and free access thereto and to every part of the structure
or to the premises surrounding the structure.
D.
If any owner, operator or occupant or other person
in charge fails or refuses to permit entry and free access to the
structure or premises under his control or to any part thereof with
respect to any authorized inspection, the Code Enforcement Officer
may, upon a showing that probable cause exists for the inspection,
file a complaint and may petition for and obtain an order directing
compliance with the inspection requirements of this chapter from a
court of competent jurisdiction. Any person who refuses to comply
with such an order issued pursuant to this section shall be subject
to such penalties as may be authorized by law for violation of a court
order.
An application for a permit shall be required
in accordance with the provisions of those applicable codes and ordinances
which the Office of Code Enforcement has the responsibility to administer.
Said application shall be submitted in such form as may be prescribed
by the Code Enforcement Officer and shall be accompanied by any required
fee.
The Code Enforcement Officer shall examine said
application to determine compliance with those other applicable codes
and ordinances of the municipality and shall, within 90 days after
filing, either approve or reject said application. If said application
is rejected, the Code Enforcement Officer shall inform the applicant,
in writing, stating the reasons for such rejection.
Applicants for permits required by any of the
applicable codes and ordinances shall pay, at the time of application,
to the Code Enforcement Officer, for use by the municipality, fees
as established by resolution of the Board.
A.
An application for a permit for any proposed work
shall be deemed to have been abandoned six months after date of filing,
unless such application has been diligently prosecuted or a permit
shall have been issued, except that, for reasonable cause, the Building
Official may grant one or more extensions of time for additional periods
not exceeding 90 days each.
B.
All permits granted under any of the above applicable
codes and ordinances shall be good for a period of one year, provided
that extensions may be granted by the Code Enforcement Officer for
good reason, except that any permit granted for demolition activities
shall be valid for three months only, and if such demolition work
is not completed within that time, any bond posted by the applicant
shall be forfeited.
The following certificates shall be required
in accordance with the provisions of those other applicable codes
and ordinances which the Office of Code Enforcement has the responsibility
to administer. Said certificates may be issued separately or combined
in the form of a single certificate.
A.
Certificate of use and occupancy. In accordance with
Section 119.0 of the BOCA National Building Code, a certificate of
use and occupancy shall be required, and no new building or portion
of an existing building which is enlarged or altered shall be used
or occupied, in whole or in part, until such a certificate of use
and occupancy shall have been issued by the Code Enforcement Officer.
B.
Certificate of approval. A certificate of approval
shall be required for any electrical or plumbing work completed under
the provisions of the applicable codes and ordinances. All applicants
shall apply to the Office of Code Enforcement for such a certificate
of approval within 30 days of the completion of the building structure,
work or premises.
C.
Other certificates. Any other permits, certificates
or licenses, as required by the applicable codes and ordinances, shall
be obtained by the applicant in accordance with the provisions of
said applicable codes and ordinances. Application for such permits,
certificates or licenses shall be made to the Code Enforcement Officer.
Whenever the Code Enforcement Officer determines
that there are reasonable grounds to believe that there has been a
violation of any provision of this chapter or of the other applicable
codes and ordinances or of any rules and regulations adopted pursuant
thereto, he shall proceed as follows:
A.
He shall serve notice, in writing, of the alleged
violation, which shall be signed by the Code Enforcement Officer or
his authorized representative. Said notice shall be served personally
to the responsible owner, occupant, operator or other person in charge;
or served by registered mail with a return receipt requested; or,
where such responsible person in charge cannot be found, service may
be made by posting a notice in or about the structure or premises
or by publishing such notice in a newspaper of general circulation
for a period of three consecutive days; or served by any other method
authorized under the laws of the Commonwealth of Pennsylvania.
B.
Said notice shall include a statement of the reasons
why the notice is being issued, the sections of the code and/or ordinances
which have been violated and the remedial actions required.
C.
Said notice shall allow a reasonable time, not to
exceed 60 days, for the initiation and correction of the violation
alleged or of the remedial actions required, except where emergency
conditions exist which require immediate corrective action.
D.
Said notice shall contain a statement indicating that
the notice will become an order if no request and approval for an
extension of time is made to the Code Enforcement Officer or if no
petition for an appeal or hearing is requested before the Code Hearing
Board within 15 days from the receipt of said notice.
E.
The Code Enforcement Officer may grant a request for
a reasonable extension of time where he has evidence to believe that
the responsible person is attempting to remove the alleged violation.
However, no such extension of time may exceed a period of 90 days,
unless authorized by the Code Hearing Board upon appeal of the responsible
owner, operator, occupant or other person in charge.
[Amended 9-21-2010 by Ord. No. 317]
Any person who fails to correct a violation or institute a remedial
action as ordered by the Code Enforcement Officer or who violates
a provision or fails to comply with any requirements of this chapter
or of any of the other applicable codes or ordinances of Limerick
Township shall be subject, for each violation, to fines and penalties
unless otherwise specified in another statute, designate the method
of its enforcement in accordance with the following:
A.
Civil enforcement. Except as provided in § 70-15B, when the penalty imposed for the violation of a Limerick Township ordinance is not voluntarily paid to the Township, the Township shall initiate a civil enforcement proceeding before the Limerick Township District Justice. The civil enforcement proceeding shall be initiated by complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure. An ordinance which is to be enforced through a civil enforcement proceeding may prescribe civil penalties not to exceed $600 per violation. In addition to or in lieu of civil actions before the Limerick Township District Justice, Townships may enforce ordinances in equity. In any case where a penalty for a violation of a Township ordinance has not been timely paid and the person upon whom the penalty was imposed is found to have been liable therefor in civil proceedings, the violator shall be liable for the penalty imposed, including additional daily penalties for continuing violations, plus court costs and reasonable attorney fees incurred by the Township in the enforcement proceedings.
B.
Enforcement
as summary offenses. For an ordinance regulating building, housing,
property maintenance, health, fire, public safety, parking, solicitation,
curfew, water, air or noise pollution, the Limerick Township Board
of Supervisors shall provide that its enforcement shall be by action
brought before Limerick Township's District Justice in the same manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure. The Limerick Township Solicitor may assume
charge of the prosecution without the consent of the District Attorney
as required under Pa.R.Crim.P. No. 83(c) (relating to trial in summary
cases). The Board of Supervisors may prescribe criminal fines not
to exceed $1,000 per violation and may prescribe imprisonment to the
extent allowed by law for the punishment of summary offenses.
C.
The imposition
of the penalties. The imposition of the penalties herein prescribed
shall not preclude the Solicitor representing the Municipality from
initiating, and he is hereby ordered to initiate, appropriate actions
or proceedings in law or in equity to effect the purposes of this
chapter.
D.
Separate
offenses. Separate offenses shall arise for each day or portion thereof
in which a violation is found to exist or for each section of the
ordinance which is found to have been violated.
E.
Payment
to Finance Director. All fines and penalties collected for the violation
of any Township Ordinance shall be paid to the Township Finance Director.
F.
Enforcement
officers or agents. The Board of Supervisors may delegate the initial
determination of ordinance violation and the service of notice of
violation to such officers or agents as the Township shall deem qualified
for that purpose.
Structures which contain dwellings which are
unfit for human habitation or structures which are dangerous or unsafe
and structures which contain dangerous conditions or materials, as
defined by the applicable codes and ordinances of the municipality,
are hereby declared to be a public nuisance.
A.
General procedure. The Code Enforcement Officer shall
order the responsible owner, operator, occupant or person in charge
of the structure or premises which are dangerous, unsafe or unfit
for human habitation to vacate, repair and/or demolish said structure
and to remove the public nuisance as provided for in this chapter
and in the applicable codes and ordinances of the municipality, in
accordance with the laws of the Commonwealth of Pennsylvania.
B.
Failure to comply. Whenever an order to vacate, repair
and/or demolish a structure which is a public nuisance because it
is unsafe, dangerous or unfit for human habitation has not been complied
with, the Code Enforcement Officer may, in accordance with the laws
of the Commonwealth of Pennsylvania, proceed to cause the structure
to be vacated, repaired and/or demolished, or take such other action
as is necessary to abate the nuisance. Abatement under this section
shall not commence until at least 10 days after the service of the
order, except that the Code Enforcement Officer may determine that
more immediate action is required because of the special emergency
or dangerous conditions which exist.
C.
Recovery of expenses.
(1)
The expenses incurred pursuant to Subsection B of this section and of the other applicable codes and ordinances shall be paid by the responsible owner, operator or occupant or by the persons who caused or maintained such public a nuisance.
(2)
The Code Enforcement Officer shall file, on his records,
an affidavit stating with fairness and accuracy the items and date
of the expenses incurred. The Board of Supervisors of the municipality
may institute a suit to recover such expenses to be charged against
the property as a lien.
There is hereby established a Code Hearing Board
appointed by the Board of Supervisors of the municipality, consisting
of no fewer than three members nor more than five members, who shall
serve without compensation but may be reimbursed for necessary reasonable
expenses. Their terms of office shall be for three years, except for
those first appointed, so fixed that the term of office of at least
one member shall expire each year. Appointments to fill vacancies
shall be only for the unexpired portion of the term.
The Code Hearing Board shall have the following
powers and duties:
A.
Interpretation. On appeal from a determination of
the Code Enforcement Officer or on request of any municipal official,
the Code Hearing Board shall decide any questions involving the interpretation
of any provision of this chapter or of those other applicable codes
and ordinances.
B.
Variances. The Code Hearing Board may grant a variance
from the strict application of this chapter or of those other applicable
codes and ordinances. Such variances may be granted only in those
cases which would result in practical difficulty or unnecessary hardship
and where the public health and safety shall not be jeopardized.
C.
Decide appeals. The Code Hearing Board shall hear
all appeals made to it and, depending on its findings, shall decide
whether such appeals shall be granted.
A.
Requests for appeals or variances. Any person requesting
a variance or aggrieved by a decision of the Code Enforcement Officer
or by another employee or official charged with the administration
and enforcement of this chapter and of those other applicable codes
or ordinances may take an appeal to the Code Hearing Board. All appeals
must be made in writing, stating the grounds upon which the appeal
is based, and shall be transmitted to the Office of Code Enforcement.
An appeal must be taken within 15 days of the action or of the receipt
of written notice of any decision or ruling which is being appealed.
B.
Appeals and variance procedure.
(1)
Public hearing. The Code Hearing Board shall meet
and conduct a hearing within 45 days of the receipt of an appeal or
a request for a variance. All hearings shall be public, and all persons
whose interests may be affected shall be given an opportunity to be
heard. A record shall be kept of all evidence and testimony presented
at the hearing.
(2)
Decision of the Board. All decisions of the Board
shall be in writing, and a copy of each decision shall be sent to
the applicant and to the Code Enforcement Officer. The Code Hearing
Board shall also retain, in its files, a copy of each decision, which
files shall be available for inspection by the public. Each decision
shall set forth fully the reasons for the decision of the Code Hearing
Board and the findings of fact on which the decision was based. The
Code Hearing Board shall make an order on its decision, and the Code
Enforcement Officer shall take immediate action to carry out said
order.
C.
Appeals from the decision of the Code Hearing Board.
Any person or persons aggrieved by any final order or decision of
the Code Hearing Board may appeal such order or decision within 30
days to the Court of Common Pleas in accordance with, as far as practicable,
the rules of civil procedure of the Supreme Court regarding appeals
from administrative agencies.
D.
Reports by the Code Hearing Board. The Code Hearing
Board shall report to the Board of Supervisors periodically, at intervals
of not later than 12 months. The report shall summarize all applications
and appeals made to it since the last report and shall contain a summary
of the Board's decision on each case. A copy of the report shall be
filed with the Code Enforcement Officer. The Code Hearing Board may
also submit to the Board of Supervisors advisory reports recommending
changes and modifications in this chapter or in those other applicable
codes or ordinances.
Nothing in this chapter shall be construed to
effect any suit or proceeding now pending in any court or any actions
required or liability incurred or any cause or causes of action accrued
or existing under any act or ordinance repealed hereby. No right or
remedy of any character shall be lost, impaired or affected by this
chapter.
This chapter shall be known and may be cited
as the "Code Enforcement Ordinance of the Municipality."
