[Ord. 89-9, 9/21/1989, § 1]
This Part shall be known and may be cited as the "Code Enforcement
Ordinance of the Borough of Hummelstown."
[Ord. 89-9, 9/21/1989, § 1]
1.
Creation of Office of Code Enforcement. There is hereby created by
the Borough Council, an office of the Borough of Hummelstown, to be
known as the "Office of Code Enforcement." Said official shall have
the responsibility for administrating and enforcing the provisions
of this Part and those other codes and/or ordinances of the Borough
herein referred to as the "applicable codes and ordinances," which
designate said Office of Code Enforcement as their official administrative
and enforcement authority.
2.
Relief From Personal Liability. The Code Enforcement Officer, other
official or employee charged with the enforcement of this Part and
those other codes and/or ordinances of the Borough who acts in good
faith and without malice in the discharge of duties shall not thereby
be rendered liable personally and the Code Enforcement Officer is
hereby relieved from all personal liability for any damage that may
accrue to persons or property as a result of any act, required or
permitted, or any omission in the discharge of official duties. Any
suit instituted against the Code Enforcement Officer, other official
or employee because of an act performed by that person in the lawful
discharge of duties shall be defended by the Borough Solicitor or
his designee until final termination of the proceedings. The Code
Enforcement Officer shall not be liable for costs in any action, suit
or proceeding.
3.
Department Records. 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 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 Part 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. Such records shall be retained
in the official records so long as the building or structure to which
they relate remains in existence unless otherwise provided by other
regulations.
4.
Annual Report. At least annually, the Code Enforcement Officer shall
submit to the Borough Council a written statement of operations in
the form and content as shall be prescribed by the Borough Council.
[Ord. 89-9, 9/21/1989, § 1]
1.
Appointment of Code Enforcement Officer. There shall be appointed,
by the Borough Council of the Borough of Hummelstown, a Code Enforcement
Officer, who shall be in charge of the Office of Code Enforcement
of the Borough of Hummelstown. 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 Borough Council of the Borough
of Hummelstown. Said Code Enforcement Officer and other personnel
shall consist of employees directly hired and compensated by the Borough
of Hummelstown.
2.
Approved Inspection Agencies. The Code Enforcement Officer shall
make all the required inspections or may accept reports of inspections
by authoritative and recognized inspection agencies or individuals,
which satisfy requirements as to qualifications and reliability. All
inspection reports shall be in writing and shall be certified by the
approved authority or responsible officer of the agency or the individual
when expert inspection services are accepted. The Code Enforcement
Officer may engage such expert opinion as may be deemed necessary
to report upon unusual technical issues that may arise subject to
the approval of the appointing authority. When required by the provisions
of the code or by the approved rules, materials or assemblies shall
be inspected at the point of manufacture or fabrication.
[Ord. 89-9, 9/21/1989, § 1]
1.
Enforcement of Codes. The Code Enforcement Officer shall enforce
and administer all of the provisions of this Part and of those other
applicable codes and ordinances which establish the Office of Code
Enforcement as their official administration and enforcement authority.
2.
Duties. The duties of the Code Enforcement Officer shall include:
the receipt of applications and issuance of permits for the erection,
addition to, alteration, repair, removal, demolition, installation
of service equipment (plumbing, electrical, mechanical), and structures;
the issuance of all necessary notices and orders to abate illegal
or unsafe conditions to insure compliance with this Part, and those
other applicable codes and/or ordinances for the safety, health and
general welfare of the public; the making of inspections to determine
compliance with the applicable codes and ordinances; the undertaking
of investigations, and other activities as may be required.
3.
Credentials. The Code Enforcement Officer or his authorized representative
shall disclose proper credentials of their respective office for the
purpose of inspecting any and all buildings and premises in the performance
of duties under the applicable code and/or ordinance where requested.
4.
Coordination of Enforcement. Whenever, in the opinion of the Code
Enforcement Officer, initiating an inspection under the applicable
codes and/or ordinances, it is deemed necessary or desirable to have
inspections by any other department, the Code Enforcement Officer
shall make reasonable effort to arrange for the coordination of such
inspections so as to minimize the number of visits by Borough officials
and to confer with the other departments for the purpose of eliminating
conflicting orders before any are issued. The assistance and cooperation
of all other officials, including police and fire departments, shall
be available to the Code Enforcement Officer to assist in the performance
of his duties.
5.
Right of Entry. Except in case of an emergency or a mutually convenient
time agreed to by the Code Enforcement Officer or his authorized representative
in discharging his duties to safeguard the safety health and welfare
of the public and upon showing proper identification where requested,
the Code Enforcement Officer is hereby authorized to enter and inspect
between the hours of 7:00 a.m. and 7:00 p.m. any structure or premises
in the Borough of Hummelstown to enforce the provisions of this Part
and of those other applicable codes and ordinances. Every occupant,
owner or operator, of a structure or premises or their agent or employee,
shall give access to any part of such structure or its premises at
reasonable times for the purpose of making such inspection, maintenance,
repairs, or alterations as are necessary to comply with the provisions
of this code.
6.
Access Entry Refused. If any owner, operator, occupant or other person
in charge of a structure refuses, impedes, inhibits, interferes with,
restricts or obstructs 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 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 Part 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.
7.
Rule Making Authority. The Code Enforcement Officer shall have such
power as may be necessary in the interest of public safety, health
and general welfare to interpret the intent of the applicable codes
in specific cases where it clearly appears that by reason of special
conditions undue hardship would result from a literal application
of any section of the applicable codes. Where such undue hardship
clearly appears, the Code Enforcement Officer may permit a variance
form the literal provision of the code, but such variance shall not
have the effect of waiving working stresses or fire protection requirements
specifically provided in the code or violating accepted engineering
practice involving public safety, but will comply with the spirit
and intent of the code. If additional nonconforming conditions are
encountered during the course of any approved alteration or repair
which were not considered or known initially, the Code Enforcement
Officer shall have the authority to require compliance with this Part
and other codes and/or ordinances of the Borough.
8.
Preliminary Inspections. Before issuing a permit the Code Enforcement
Officer may examine or cause to be examined all buildings, structures
and sites for which an application has been filed for a permit to
construct, enlarge, alter, repair, remove, demolish or change the
use thereof.
9.
Required Inspections. After issuing a permit, the Code Enforcement
Officer or designated inspection agency shall conduct such required
inspections from time to time during and upon completion of the work
for which a permit has been issued. A record of all such examinations
and inspections and of all violations of this code shall be maintained
by the Code Enforcement Officer. Upon completion of the building or
structure, and before the issuance of the certificate of use and occupancy,
a final inspection shall be made and all violations of the approved
plans and permits shall be abated. 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 certificate of use and occupancy shall
have been issued by the Code Enforcement Officer. Required inspections
shall be as follows:
10.
Accounting. The Code Enforcement Officer shall keep an accurate account
of all fees collected; and such collected fees shall be deposited
in the Borough Treasury or otherwise disposed of as required by law.
[Ord. 89-9, 9/21/1989, § 1]
1.
When Permit is Required.
A.
A building permit is required prior to construction, addition to
or demolition of a building; or where construction adds to the livable
area of a residence or additional floor area of all other use buildings;
or the change of use of a building. No permit shall be required for
normal maintenance, minor repairs, alterations and replacement of
existing material such as windows, doors, roofing, siding, etc.
B.
A plumbing permit is required prior to constructing a plumbing or
mechanical system, or equipment for new construction, addition to
or relocation of an existing system. No permit shall be required for
normal repairs or replacement of material such as faucets, valves,
appliances or equipment.
C.
An electric permit is required for the construction of, addition
to or relocation or replacement of an electrical system. An electric
permit is not required for normal and routine minor electrical repair
work including the repairing or replacing of fuses, switches, receptacles,
lamps or lighting fixture parts and the connection of portable electrical
appliances to previously approved permanent receptacles.
2.
Forms of Application. The application for a permit shall be submitted
in such form as the Code Enforcement Officer may prescribe and shall
be accompanied by the required fee in this Part.
3.
By Whom Application is Made. The responsibility for applying for
and obtaining a required permit rests jointly with the owner or occupant
and the person or persons doing the work. The full name and address
of the owner, lessee, applicant and/or the responsible officers, if
the owner or lessee is a corporate body, shall be stated in the application.
4.
Description of Work. The application shall contain a general description
of the proposed work, its location, the use and occupancy of all parts
of the building or structure and of all portions of the site or lot
not covered by the building or structure, and such additional information
as may be required by the Code Enforcement Officer.
5.
Plans and Specifications. The application for the permit shall be
accompanied by one copy of specifications and of plans, drawn to scale,
with sufficient clarity and detail dimensions to show the nature and
character of the work to be performed. When quality of materials is
essential for conformity and detail to the codes, specific information
shall be given to establish such quality; and the code shall not be
cited, or the term "legal" or its equivalent be used as a substitute
for specific information. The Code Enforcement Officer may waive the
requirement for filing plans when the work involved is of a minor
nature. If in the course of work it is found necessary to make any
changes from the approved plans and specification on which a permit
has been issued, amended plans and specifications shall be submitted
and if approved, a supplementary permit shall be issued to cover the
change after the same conditions required to secure the original permit
have been satisfied.
6.
Site Plan. There shall also be a site plan showing to scale the size
and location of all new construction and all existing structures on
the site, distances from lot lines, the established street grades
and the proposed finished grades; and it shall be drawn in accordance
with an accurate boundary line survey. In case of demolition, the
plot plan shall show all construction to be demolished and the locations
and size of all existing structures and construction that are to remain
on the site or plot. Also, the site plan shall show the location and
size of all existing structures and construction that are to remain
on the site or plot. Also, the site plan shall show the location of
water service and sewer connections with respect to any building in
which a plumbing system is to be installed. Vent stack terminations
shall be shown with respect to building ventilation openings which
could allow introduction of sewer gases into the building or any adjacent
building.
7.
Engineering Details. The Code Enforcement Officer may require adequate
details of structural, mechanical, plumbing and electrical work to
be filed, including computations, stress diagrams and other essential
technical data. All engineering plans and computations shall bear
the signature of the engineer or architect responsible for the design.
Plans for buildings more than two stories in height shall indicate
where penetrations will be made for electrical, mechanical, plumbing
and communications conduits, pipes and systems and the materials and
methods for maintaining the required structural integrity, fire-resistance
rating and firestopping.
8.
Other Permits Required. At the time of filing an application for
a permit, the applicant shall present to the Code Enforcement Officer
evidence that he has obtained all necessary permits, licenses, approvals
and/or variances as may be required by the laws of the Borough, and
the Commonwealth. Individuals, agencies, boards and commissions issuing
aforesaid permits, licenses, approvals and/or variances shall include,
but not be limited to, the Zoning Officer or Zoning Hearing Board,
County Planning Commission, Sewage Enforcement Officer, Fire Chief,
State Police Fire Marshal, Pennsylvania Department of Labor and Industry
and the Pennsylvania Department of Community Affairs.
9.
Action on Application. The Code Enforcement Officer shall examine
said application to determine compliance with those other applicable
codes and ordinances of the Borough and shall within 30 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. If the Code Enforcement
Officer is satisfied that the proposed work conforms to the requirements
of the applicable codes, the Code Enforcement Officer shall issue
a permit therefor as soon as possible.
[Ord. 89-9, 9/21/1989, § 1]
1.
Compliance with Codes. The permit shall be a license to proceed with
the work and shall not be construed as authority to violate, cancel
or set aside any of the legally granted variations as described in
the application. All work shall conform to the approved application
and plans for which the permit has been issued and any approved amendments
thereto.
2.
Signature to Permit. The Code Enforcement Officer's signature
shall be attached to every permit; or the Code Enforcement Officer
may authorize a subordinate to affix such signature thereto.
3.
Payment of Fees. A permit to begin work shall not be issued until
the permit fee prescribed by Resolution adopted by the Board of Commissioners
has been paid. Nor shall an amendment to a permit necessitating an
additional fee because of additional work involved be issued until
the additional fee shall have been paid.
4.
Previous Approvals. This Part or the applicable codes shall not require
changes in the plans, the plumbing, electrical or mechanical system,
or the construction or designated use of a building for which a lawful
permit has been issued or otherwise lawfully authorized and the construction
of which has been actively prosecuted within 90 days after the effective
date of this Part and is completed with dispatch.
5.
Approvals in Part. The Code Enforcement Officer may issue permits
for the construction of foundations or any other part of a building
or structure before the entire plans and specifications for the whole
building or structure have been submitted, provided adequate information
and detailed statements have been filed complying with all the pertinent
requirements of the codes. The holder of such permits shall proceed
at the holder's own risk with the building operation and without
assurance that permits for the entire structure will be granted.
6.
Permit Expiration Dates.
A.
New construction: one year, provided that an extension may be requested,
in writing, and such extension may be granted by the Code Enforcement
Officer for good reason. Such extension not to exceed two months.
B.
Repairs, remodeling, alterations and additions: six months.
C.
Demolition: three months only, and if such demolition work is not
completed within that time, any bond posted by the applicant shall
be forfeited.
D.
Abate violations cited. Same as deadline stated in violation notice.
7.
Revocation of Permits. The Code Enforcement Officer may revoke a
permit or approval issued under the provisions of the codes in case
of any false statement or misrepresentation of fact in the application
or on the plans on which the permit or approval was based.
8.
Posting of Permit. A true copy of the building permit and placard
shall be kept on the site of operations open to public inspection
during the entire time of prosecution of the work and until the completion
of the same.
9.
Notice of Inspection. At least 24 hours' notice in advance for
required inspections indicated on the permit shall be given to the
Code Enforcement Officer or certified inspection agency.
[Ord. 89-9, 9/21/1989, § 1]
1.
Notice to Responsible Owner, Operator, Occupant or Other Person in
Charge. Whenever the Code Enforcement Officer determines that there
are reasonable grounds to believe that there has been a violation
of any provisions of this Part or of the other applicable codes and
ordinances, or whenever the Code Enforcement Officer orders a dangerous,
unsafe or unfit for human habitation structure to be closed-up and
secured, vacated, repaired and/or demolished, a notice shall be given
to the responsible owner, operator, occupant or person in charge of
the structure or premises in the manner prescribed below.
2.
Form. Notice to the responsible owner, operator, occupant or person
in charge shall include the following:
A.
Be in writing, signed by the Code Enforcement Officer or his authorized
representative.
B.
Include a description of the real estate sufficient for identification.
C.
Include a statement of the reasons why the notice is being issued,
the sections of this code and/or ordinances which have been violated.
D.
Include a correction order allowing a reasonable time not to exceed
120 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.
E.
Include 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 by the owner to seek modification before the Code Hearing
Board within 10 days from receipt of said notice.
3.
Service. The notice shall be served personally on the responsible
owner, occupant, operator, or other person in charge or served by
certified mail with a return receipt requested, or where such responsible
person in charge cannot be found, service may be made by posting a
notice on or about the structure or premises and taking a picture
of said notice, or by publishing said 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.
[Ord. 89-9, 9/21/1989, § 1]
1.
Vacating Structures. When in the opinion of the Code Enforcement
officer, an emergency exists on any premises or in any structure or
part thereof, or in any defective equipment (plumbing, electrical,
mechanical) which requires immediate action to protect the public's
health and safety or that of the occupants thereof, or if there is
actual and immediate danger of failure or collapse of a building or
structure or any part thereof or when any structure or part of a structure
has fallen and life is endangered by the occupation of the building
or structure, the Code Enforcement Officer may, with proper notice
and service, issue an order reciting the existence of such an emergency
and requiring the vacating of the premises or such action taken as
the Code Enforcement Officer deems necessary to meet such emergency.
Notwithstanding other provisions of this Part, such order shall be
effective immediately and the premises or equipment involved shall
be placarded immediately upon service of the order. Any person to
whom such order is directed shall comply immediately therewith and
may thereafter upon petition directed to the Code Hearing Board be
afforded a hearing as prescribed in this Part.
2.
Temporary Safeguards. When in the opinion of the Code Enforcement
Officer there is actual and immediate danger of collapse or failure
of a building or structure or any part thereof which would endanger
life, the Code Enforcement Officer shall cause the necessary work
to be done to render such building or structure or part thereof, temporarily
safe, whether or not the legal procedure herein described has been
instituted.
3.
Closing Streets. When necessary for the public safety, the Code Enforcement
Officer may temporarily close sidewalks, streets, buildings and structures
and places adjacent to such unsafe structures and prohibit the same
from being used. It shall be unlawful for any person to enter such
building or structure except for the purpose of making the required
repairs or demolishing the same.
[Ord. 89-9, 9/21/1989, § 1]
1.
General. All buildings or structures that are or hereafter shall
become unsafe, unsanitary, unfit for human occupancy or use, or deficient
in adequate exit facilities, or which constitute a fire hazard, or
are otherwise dangerous to human life or the public welfare or is
found unlawful involving illegal or improper use, occupancy and maintenance
shall be condemned pursuant to the provisions of this Part and may
be placarded and vacated. It shall not be reoccupied without approval
of the Code Enforcement Officer. Unsafe equipment shall be placarded
and placed out of service. A vacant building or structure unguarded
or open at door or window shall be deemed a fire hazard and unsafe.
2.
Unsafe Structure. An unsafe structure is one in which all or part
thereof is found to be dangerous to life, health, property, or the
safety of the public or its occupants by not providing minimum safeguards
for protection from fire or because it is so damaged, decayed, dilapidated,
structurally unsafe, or of such faulty construction or unstable foundation
that it is likely to partially or completely collapse. All unsafe
structures shall be declared a public nuisance and shall be taken
down and removed or made safe and secure as the Code Enforcement Officer
deems necessary.
3.
Unsafe Equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that it is found
to be a hazard to life, health, property, or safety of the public
or occupants of the premises or structure. Unsafe equipment may contribute
to the finding that the structure is unsafe or unfit for human occupancy
or use.
4.
Structure Unfit for Human Habitation. A structure is unfit for human
occupancy or use whenever the Code Enforcement Officer finds that
it is unsafe, unlawful, or because of the degree in which it lacks
maintenance or is in disrepair, is unsanitary, vermin or rat infested,
contains filth and contamination, or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required
by the codes, or because its location constitutes a hazard to its
occupants or to the public.
5.
Unlawful Structure. An unlawful structure is one found in whole or
in part to be occupied by more persons than permitted under this code,
or was erected, altered or occupied contrary to law.
6.
Restoration of Unsafe Structure. A building or structure condemned
by the Code Enforcement Officer may be restored to safe condition
provided change of use or occupancy is not contemplated nor compelled
by reason of such reconstruction or restoration; except that if the
damage or cost of restoration or reconstruction is in excess of 50%
of its replacement value, exclusive of foundations, such structures
shall be made to comply with the Borough's building, plumbing,
and electrical codes in all respects with the requirements for materials
and methods of construction of structures.
7.
Closing of Vacant Structures. If the structure or part thereof is
vacant and unfit for human habitation, occupancy or use and is not
in danger of structural collapse, the Code Enforcement Officer may
post a placard of condemnation on the premises and may order the structure
closed up so it will not be an attractive nuisance to children. The
exterior of the structure must be maintained in compliance with the
Borough's Existing Structures Code, Section ES 302.0 - Exterior
Structure. The windows and doors are to be boarded up with 1/2 inch
exterior grade plywood, finished on one side with the finished side
out. The plywood should be painted with two coats of exterior paint,
the same color as the exterior of the structure.
[Ord. 89-9, 9/21/1989, § 1]
1.
Vacation of Structure. If the responsible owner, operator, occupant,
or person in charge of the structure or premises fails to comply with
an order to repair or alter a structure condemned as unfit for human
habitation, within the time given, the structure shall be vacated
within a reasonable time, as ordered by the Code Enforcement Officer.
2.
Placarding of Structure. Upon issuance of an order to vacate, the
Code Enforcement Officer may placard the structure or parts thereof
or on defective equipment bearing the words "Unsafe for human occupancy
or use," and a statement of the penalties provided for any occupancy
or use or for removing the placard.
3.
Removal of Placard. The Code Enforcement Officer shall remove the
condemnation placard whenever the defect or defects upon which the
condemnation and placarding actions were based have been eliminated.
Any person who defaces or removes a condemnation placard without the
approval of the Code Enforcement Officer shall be subject to the penalties
provided by this Part.
4.
Prohibited Use. Any person who shall occupy a placarded premises
or structure or part thereof, or shall use placarded equipment, and
any owner or any person responsible for the premises who shall let
anyone occupy a placarded premises shall be subject to the penalties
provided by this Part.
[Ord. 89-9, 9/21/1989, § 1]
1.
General. The Code Enforcement Officer shall make periodic inspections
of any structure vacated as unfit for human habitation or any other
vacant structure.
2.
Option by Owner. If a structure is so old, deteriorated or has become
so out of repair as to be unsanitary or unfit for human habitation,
but can be made safe by repairs, the Code Enforcement Officer may
issue a notice requiring the owner to make the necessary repairs to
bring the structure into compliance with the Borough's codes
and/or ordinances or to demolish and remove the structure at the owner's
option. Such notice shall require the person thus notified to immediately
disclose to the Code Enforcement Officer his acceptance or rejection
of the terms of the order.
3.
Unreasonable Repairs. Whenever an inspection of a structure reveals
that the structure is so old, dilapidated or has become so out of
repair as to be dangerous, unsafe, unsanitary or otherwise unfit for
human habitation, occupancy or use and so that it would be unreasonable
to repair, in that the cost of such repairs would exceed 100% of the
current value of such structure, the structure shall be declared a
public nuisance. The Code Enforcement Officer shall issue a notice
to the responsible owner ordering that the structure be removed or
demolished without option on the part of the owner to repair. All
the rubbish and refuse shall be removed from the premises and cellar/basement
shall be filled in with clean fill, compacted and graded to adjacent
ground level.
4.
Service Connection. Before a structure can be demolished or removed,
the owner or agent shall notify all utilities having service connections
within the structure, such as water, electric, gas, sewer, and other
connections. A permit to demolish or remove a structure shall not
be issued until a release is obtained from the utilities, stating
that their respective service connections and appurtenant equipment,
such as meters and regulators, have been removed or sealed and plugged
in a safe manner.
5.
Notice to Adjoining Owners. Only when written notice has been give
by the applicant to the owners of adjoining lots and to the owners
of wired or other facilities, of which the temporary removal may be
necessitated by the proposed work, shall a permit be granted for removal
of a building or structure.
6.
Determination by Code Enforcement Officer. In the event that the
owner or agent is unable to obtain the releases, the Code Enforcement
Officer shall inspect the premises for which application has been
made, to determine that the utility service connections and appurtenant
equipment have been removed or sealed and plugged in a safe manner.
[Ord. 89-9, 9/21/1989, § 1]
1.
Notice to Owner. Whenever the Code Enforcement Officer determines
that work on any building or structure is being prosecuted contrary
to the provisions of the Borough's codes and/or ordinances in
an unsafe and dangerous manner, the responsible owner of the property
involved or the owner's agent or the person doing the work shall
be notified that such work be immediately stopped.
2.
Unlawful Continuance. Any person who shall continue any work in or
about the structure after having been served with a stop work order,
except such work as that person is directed to perform to remove a
violation or unsafe conditions, shall be subject to the penalties
provided by this Part.
[Ord. 89-9, 9/21/1989, § 1]
1.
Unlawful Acts. It shall be unlawful for any person, firm or corporation
to erect, construct, alter, extend, repair, remove, demolish, use
or occupy any building or structure or plumbing, electrical, mechanical
equipment and fire suppression system regulated by this Part and/or
the Borough's codes, or cause same to be done, in conflict with
or in violation of any of the provisions of this Part and/or the Borough's
codes.
2.
Occupancy Without Use and Occupancy Certificate. Any new building hereafter erected for which a building permit was issued shall not be used or occupied in whole or in part until a certificate of use and occupancy shall have been issued by the Code Enforcement Officer. Notice of this requirement shall be given to each recipient of a building permit and failure to secure a use and occupancy certificate before use or occupancy of a building is subject to immediate fine and costs as prescribed in this Part. No further notification as required under § 5-108 of this Part shall be required. The building owner by signing the building permit agrees not to violate any provision of the Borough's codes and/or ordinances and is so notified. The use and occupancy certificate is a "license" to occupy and use the building.
3.
Failure to Comply. Whenever an order to vacate, secure, 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, closed-up, and secured, repaired and/or demolished or take
such other action as is necessary to abate the nuisance. Abatement
under this subsection 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.
4.
Recovery of Expenses. The expenses incurred pursuant to Subsection 3 of this section and other applicable sections of this code and other codes and ordinances shall be paid by the responsible owner, operator or occupant or by the persons who caused or maintained such public nuisance. 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 Borough Council of the Borough of Hummelstown may institute a suit to recover such expense to be charged against the property as a lien or against the person or legal entity violating the code as a judgment.
5.
Transfer of Ownership. It shall be unlawful for the owner of any
dwelling unit or structure who has received a compliance order [or]
upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of to another until the provisions
of the compliance order or notice of violation have been complied
with, or until such owner shall first furnish the grantee, transferee,
mortgagee or lessee a true copy of any compliance order or notice
of violation issued by the Code Enforcement Officer and shall furnish
to the Code Enforcement Officer a signed and notarized statement to
the grantee, transferee, mortgagee or lessee, acknowledging the receipt
of such compliance order or notice of violation and fully accepting
the responsibility without condition for making the correction or
repairs required by such compliance order or notice of violation.
6.
Penalties. Any person, firm or corporation who shall violate any
provisions of this part or fails to correct a violation or institute
a remedial action as ordered by the Code Enforcement Officer, or who
shall erect, construct, install, alter or repair a building, structure
or any plumbing, electrical and mechanical equipment or systems in
violation of an approved plan or directive of the Code Enforcement
Officer or of a permit or certificate issued under the provisions
of the Borough's codes shall upon conviction in a summary proceeding,
before any District Justice, be sentenced for each such violation
to pay a fine not exceeding $1,000 plus costs and, in default of payment
thereof, to undergo imprisonment in the County Jail for a period not
to exceed 30 days. Each day that a violation continues after due notice
has been served in accordance with the terms and provisions hereof,
shall be deemed a separate offense.
7.
Prosecution. The imposition of the penalties herein prescribed shall
not preclude the Solicitor representing the Borough from initiating,
and he is hereby ordered to initiate, appropriate actions or proceedings
at law or equity for the purpose of ordering that person:
A.
To restrain, correct or remove the violation or refrain from any
further execution of work;
B.
To restrain or correct the erection, installation or alteration of
such structure;
C.
To require the removal of work in violation; or
D.
To prevent the occupation or use of the structure or part thereof
erected, constructed, installed or altered in violation of, or not
in compliance with, the provisions of this code, or in violation of
a plan or specification under which an approval, permit or certificate
was issued.
[Ord. 89-9, 9/21/1989, § 1]
1.
Code Hearing Board. There is hereby established a Code Hearing Board,
appointed by the Borough Council, consisting of three members, as
the Board may from time to time designate by resolution.
A.
Quorum. A quorum of the Code Hearing Board shall exist when any of
two members of the Code Hearing Board are present.
B.
Chairman/Secretary. The Board shall select one of its members to
serve as Chairman, and the Chairman shall designate a Board member
to serve as Secretary to the Board. The Secretary of the Board shall
keep a record of each meeting so that the record shows clearly the
basis for each decision made by the Board.
C.
Financial Interest. A member of the Board shall not participate in
any hearings or vote on any appeal in which that member has a direct
or indirect financial interest, or is engaged as a contractor, or
is engaged in the preparation of plans and specifications, or in which
that member has any personal interest.
2.
Powers of the Code Hearing Board. The Code Hearing Board shall have
the following powers and duties:
A.
Appeals. The Code Hearing Board shall hear all appeals made to it
and, depending on its findings, shall decide whether relief sought
in such appeals shall be granted.
B.
Interpretation. The Code Hearing Board shall hear all appeals made
to it and, depending on its findings, shall decide whether relief
sought in such appeals shall be granted.
C.
Variances. The Code Hearing Board may grant a variance from the strict
application of this Part 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.
D.
Decision of the Board. A decision to affirm, modify or reverse the
decision of the Code Enforcement Officer shall be made by a majority
of those present and sitting as the Code Hearing Board in any specific
case. 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 reason for the
decision of the Code Hearing Board and the findings of fact on which
the decision was based.
E.
Enforcement of Decision. The Code Hearing Board shall make an order
on its decision, and the Code Enforcement Officer shall take immediate
action in accordance with the decision of the Board to carry out said
order.
F.
Reports by the Code Hearing Board. The Code Hearing Board shall report
to the Borough Council 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 Borough Council advisory reports recommending changes
and modifications in this Part or in those other applicable codes
or ordinances.
3.
Request for Appeals or Variances.
A.
Appeals or Variances. Any person requesting a variance or aggrieved
by a decision of the Code Enforcement Officer or by any other employee
or official charged with the administration and enforcement of this
Part and of those applicable codes or ordinances may, upon petition,
appeal to the Code Hearing Board. All appeals shall be made in writing,
stating the grounds upon which the appeal is based and shall be filed
with the Office of Code Enforcement. An appeal must be taken within
10 days of action or of the receipt of written notice of any decision
or ruling which is being appealed.
B.
Public Hearing. The Code Hearing Board shall meet and conduct a hearing
within 30 days of the receipt of a petition for an appeal or request
for a variance. All hearings shall be public and all persons whose
interest 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.
C.
Court Review. 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 rule of civil procedure of the Supreme Court
regarding appeals from administrative agencies.
D.
Cost of Appeal. Costs of an appeal shall be borne by the appellant.
A minimum fee of $75 for appeals shall be paid with the filing of
the appeal in writing.
