Borough of Green Tree, PA General Provisions

In the construction of the Code of the Borough of Green Tree, the following rules and definitions shall control, except those that are inconsistent with the manifest intent of Council as disclosed in a particular provision, section or chapter.

Definitions of terms:

ADMINISTRATIVE SERVICE

All departments and the personnel thereof established by the Borough Charter or ordinance.

ADOPTING ORDINANCE

The ordinance of the Borough adopting the Code of the Borough of Green Tree, Pennsylvania, in conformity with the Borough Code of Pennsylvania and Article II of this chapter.

[Amended 6-6-2011 by Ord. No. 1662]

AUTHORITY

Whenever in the Code authority is given to an officer or an act is required to be performed, such authority may be exercised and such act may be performed, at the instance of such officer, by a deputy or subordinate, unless contrary to law or to the clear intent of any such particular provision.

BOROUGH and MUNICIPALITY

The Borough of Green Tree, Pennsylvania.

BOROUGH CODE

The Act of the General Assembly No. 581, passed February 1, 1966, P.L. 1656, as amended.

BUDGET

The annual budget of the Borough.

CALENDAR-COMPUTATION OF TIME

The calendar month or year. The time expressed in days within which an act is to be done or a period is to expire shall be computed by excluding the first and including the last day, unless the last day is a Sunday, in which case it shall be excluded. If time is expressed in hours, the whole of Sunday shall be excluded.

CHARTER

The Home Rule Charter of the Borough.

CONTRACT ADMINISTRATION

The management of the execution of contracts between the Borough and any individual, partnership, association, corporation or governmental body.

COUNCIL

The Council of the Borough of Green Tree, Pennsylvania.

COUNTY

The County of Allegheny, Pennsylvania.

ENGINEER

The Engineer of the Borough.

JOINT AUTHORITY

Words giving authority to a board, commission, authority or to three or more officers or employees or other persons shall be construed as giving authority to a majority thereof, unless otherwise specifically provided.

KEEPER and PROPRIETOR

Persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or as a servant, agent or employee.

LAND AND REAL ESTATE

Includes rights and easements of an incorporeal nature.

LAW

All applicable laws and ordinances of the United States of America, the Commonwealth of Pennsylvania and the County of Allegheny.

MANAGER

The Borough Manager.

MAYOR

The Mayor of the Borough.

OATH

Includes affirmation. When an oath is required or authorized by law, an affirmation in lieu thereof may be taken by a person having conscientious scruples about taking an oath. An affirmation shall have the same force and effect as an oath.

ORDINANCE

Any ordinance of the Borough, including this Administration Code.

OWNER

When applied to property, includes a part owner, joint owner or tenant in common of the whole or any part of such property.

PERSON

An individual, association, club, corporation, firm, partnership or body politic.

PREMISES

When used as applicable to property, extends to and includes land and buildings.

PROPERTY

Includes real and personal property and any mixed and lesser estates or interests therein. "Personal property" includes every kind of property except real property; "real property" includes lands, tenements and hereditaments.

REASONABLE TIME

In all cases where provision is made for an act to be done or notice to be given within a reasonable time, it shall be deemed to mean such time only as may be necessary for the prompt performance of such act or the giving of such notice.

SIDEWALK

Any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians, excluding parkways.

SOLICITOR

The Solicitor of the Borough.

STATE and COMMONWEALTH

The Commonwealth of Pennsylvania.

STREET

Alleys, avenues, boulevards, lanes, roads, streets, state highways and other public ways in the Borough.

TENANT and OCCUPANT

As applied to buildings or land, shall extend and be applied to any person holding a written or oral lease of, or who occupies the whole or any part of, a building or land, alone or with others.

TIME

Whenever any time established in the Code for the taking of any action expires on a Sunday or legal holiday, such time shall not expire on such day but shall expire on the next weekday.

Word usage rules:

CONJUNCTIONS

"And" includes "or" and "or" includes "and," if the sense so requires.

GENDER

Words importing the masculine shall extend and be applied to the feminine and neuter genders.

GENERAL RULE

Except as otherwise provided in this section, words and phrases shall be construed according to the common usage of the language; provided, however, that technical words and phrases and such others as may have acquired a special meaning in the law shall be construed according to such technical or special meaning.

NUMBER

Words in the plural include the singular and words in the singular include the plural number.

TENSES

The use of any verb in the present tense includes the future.

§ 1-2 General penalty; complicity.

Whoever violates or fails to comply with any of the provisions of this Code relating to building, housing, property maintenance, health, fire or public safety, or relating to water, air or noise pollution, including any provision of any standard, technical or other code adopted by reference in this Code, and including any rule or regulation promulgated under authority of any such standard, technical or other code adopted by reference in this Code, or under authority of any other provision of this Code, or under authority of state law, for which no penalty is otherwise provided, shall be fined not more than $1,000. For a violation of or noncompliance with any other provision of this Code, the offender shall be fined not more than $600. In default of the payment of any such fine and costs, the offender may be imprisoned for not more than five days in the Borough Lockup, or not more than 30 days in the County Jail or Workhouse, for each offense. Unless otherwise provided, a separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. The penalty provided for herein shall be in addition to any fee, deposit, charge, surcharge, interest, insurance or bond requirement or equitable remedy provided in this Code, or in any standard, technical or other code adopted by reference in this Code, or in any rule or regulation promulgated under authority of any such standard, technical or other code adopted by reference in this Code, or under authority of any other provision of this Code, or under authority of state law.

Every person who commits or aids or abets in the commission of any act declared in this Code or in any other ordinance of the Borough to be an offense, whether individually or in connection with another person, or as principal, agent or accessory, shall be guilty of such offense. Every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision of this Code or any other ordinance of the Borough shall likewise be guilty of such offense.

Article II Adoption of Code

[Adopted 6-6-2011 by Ord. No. 1662]

§ 1-3 Approval, adoption and enactment of Code.

Pursuant to Section 1008(b) of the Borough Code [53 P.S. § 46008(b)], the codification of a complete body of legislation for the Borough of Green Tree, County of Allegheny, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code, and consisting of Chapters 1 through 420, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Green Tree, which shall be known and is hereby designated as the "Code of the Borough of Green Tree," hereinafter referred to as the "Code."

§ 1-4 Effect of Code on previous provisions.

The provisions of this Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. 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 Green Tree, 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 § 1-5 below, and only changed provisions, as described in § 1-8 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 1-17 below.

§ 1-5 Repeal of ordinances not contained in Code.

All ordinances or parts of ordinances of a general and permanent nature adopted by the Borough of Green Tree 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 § 1-17 below, except as hereinafter provided.

§ 1-6 Ordinances saved from repeal; matters not affected by repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-5 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 ordinances pursuant to § 1-5 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:

Any ordinance adopted subsequent to 1-3-2011.

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.

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.

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.

Any franchise, license, right, easement or privilege heretofore granted or conferred by the Borough or any lawful contract, obligation or agreement.

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.

Any ordinance adopting an annual budget or establishing an annual tax rate.

Any ordinance providing for the levy, imposition or collection of special taxes, assessments or charges.

Any ordinance authorizing the purchase, sale, lease or transfer of property or acquiring property by acceptance of deed, condemnation or exercise of eminent domain.

Any ordinance annexing land to the Borough.

Any ordinance providing for or requiring the construction or reconstruction or opening of sidewalks, curbs and gutters.

Any ordinance or part of an ordinance providing for laying out, opening, altering, widening, relocating, straightening, establishing grade, changing 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.

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.

Any ordinance providing for the making of public improvements.

Any ordinance providing for the salaries and compensation of officers and employees of the Borough or setting the bond of any officer or employee.

Any ordinance concerning changes and amendments to the Zoning Map.

Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.

Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Borough.

§ 1-7 Inclusion of new legislation prior to adoption of Code.

All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-6A and/or prior to the date of adoption of this ordinance 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.

§ 1-8 Changes and revisions in previously adopted ordinances.

Nonsubstantive grammatical changes. In compiling and preparing the ordinances and resolutions of the Borough for adoption and revision as part of the 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 and resolutions so changed had been previously formally amended to read as such.

Nomenclature has been updated. "Justice of the Peace," "District Magistrate" or "District Justice" is changed to "Magisterial District Judge." "Department of Community Affairs" is changed to "Department of Community and Economic Development." "Department of Environmental Resources" is changed to "Department of Environmental Protection." In Chapter 170, "Building Permit Officer" is changed to "Code Official." In many instances, reference to the "Building and Housing Code" is revised to "Uniform Construction Code."

Substantive changes and revisions. In addition to the changes and revisions described above, changes and revisions of a substantive nature, as set forth in Schedule A attached hereto and made a part hereof, are hereby made to various ordinances and resolutions included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the Borough Council, and it is the intent of the Borough Council that all such changes be adopted as part of the Code as if the ordinances and resolutions so changed had been previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in § 1-17.[1]

[1]

Editor's Note: In accordance with § 1-8C, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 6-6-2011 by Ord. No. 1662." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.

§ 1-9 Interpretation of provisions.

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 regulation, 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.

§ 1-10 Titles and headings; editor's notes.

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.

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.

§ 1-11 Filing of copy of Code.

At least one copy 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 copy or copies shall be certified to by the Borough Secretary, as provided by law, and such certified copy or 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.

§ 1-12 Amendments to Code.

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.

§ 1-13 Code books to be kept up-to-date.

It shall be the duty of the Borough Secretary or someone authorized and directed by him or her to keep up-to-date the certified copy or 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 said Code books, at which time such supplements shall be inserted therein.

§ 1-14 Publication of notices.

The 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 a copy or 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.

§ 1-15 Altering or tampering with Code; penalties for violation.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, 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.

§ 1-16 Severability.

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 any 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.

§ 1-17 Effective date.

All provisions of this ordinance and of the Code shall be in force and effect on and after June 6, 2011.