Whenever a conflict shall occur between the provisions of this
chapter and the codes adopted hereunder and the provisions of any
other ordinance of the Borough of Baldwin, particularly the Zoning
Ordinance and the Subdivision Ordinance of the Borough of Baldwin,[1] then such conflict shall be resolved by interpreting the
ordinances so that the strictest interpretation of the conflicting
ordinance shall be the one that prevails, and the administration or
enforcement of the matter shall proceed under the provisions of the
ordinance containing the strictest standard or interpretation.
The Code Enforcement Officer and Zoning Officer of the Borough
of Baldwin appointed under the provisions of the Zoning Ordinance[1] of the Borough of Baldwin or any inspector appointed by
the Borough Council of the Borough of Baldwin under the provisions
of this chapter shall be authorized to and is hereby directed to be
the official responsible for the administration and enforcement of
this chapter; he shall be charged with the responsibility of reviewing
applications, plans, specifications and all other data submitted pursuant
to the provisions of this chapter, and he shall inspect the construction,
alteration, demolition or removal of all structures to ascertain that
the same is conducted pursuant to the provisions of this chapter.
He shall issue permits as the same are required, after first having
obtained all necessary approvals, and he shall condemn all unsafe
structures and shall order the same to be razed or repaired and made
safe and secure as the interest of the public safety may require;
provided further, however, that in the event that a property owner
or other person having substantial property interest in the premises
may feel aggrieved by such order, such property owner or aggrieved
person may request a hearing before the Borough Council by requesting,
in writing, addressed to the Borough Secretary, that a hearing be
held to determine the propriety of the order issued by the Zoning
Officer or inspector appointed for these purposes. Such request for
a hearing shall be submitted and filed with the Borough Secretary
within 30 days of the date of the order from which the property owner
or aggrieved person seeks redress. A hearing shall then be held by
the Borough Council to determine the propriety of the order, and following
the hearing, the Council shall, within 45 days of such date, render
a decision in the matter. A signed copy of the written decision shall
be forwarded to the property owner or aggrieved person within five
days of the date of such decision. The Code Enforcement Officer shall
have authority after exhibiting proper identification and in the discharge
of his official duties to enter any building, structure or premises
at any reasonable hour to enforce all laws relating to matters covered
under the provisions of this chapter, and he shall be authorized to
issue such citations or file such complaints before a District Magistrate
as may be required for the enforcement of this chapter.
No occupancy, use or change of use shall take place in a building,
home or structure situate within the Borough of Baldwin until a certificate
of occupancy for the same shall have been issued by the Zoning Officer
of the Borough of Baldwin pursuant to the provisions of this chapter
and of the Zoning Ordinance of the Borough of Baldwin.[1]
Any person who shall violate any of the provisions of the codes
or of any ordinance incorporated herein and adopted hereby, or any
person who shall erect, construct, alter, repair, demolish or remove
any building, structure or edifice covered hereunder, or permit, suffer
or cause the erection, alteration, repair, demolition or removal of
any building or structure or portion thereof covered hereunder, in
violation of this chapter or of any ordinance incorporated herein,
shall be guilty of a violation of this chapter and shall, upon conviction
thereof by a District Magistrate, be punishable by a fine of not less
than $300 nor more than $500 together with costs of prosecution and,
in default of payment of such fine or costs, shall be imprisoned for
not more than 10 days. The owner of any building, structure, home
or edifice or portion of the same or of the premises wherein a violation
of the codes shall exist or shall cause a violation of the same, or
any owner, tenant, contractor, agent or employee who may commit a
violation of this chapter or assist in the commission of such a violation
shall each be guilty of a separate offense and, upon conviction thereof,
shall be punishable by a fine not less than $300 nor more than $500
and costs of prosecution or, in default of payment of such fine and
costs, shall be imprisoned for not more than 10 days; and provided,
further, that each day that a violation of any of the provisions of
this chapter continues shall be considered a separate offense. The
term "person" as used herein shall mean any individual, member of
a partnership or the officer of any corporation, which officer authorizes
or participates in any action or omission to act which constitutes
a violation of this chapter.
All prior ordinances of the Borough of Baldwin regulating or
related to matters addressed in the code adopted hereby or of any
provisions of any ordinance which conflict with the code or this chapter
are hereby repealed; provided, however, that those provisions contained
in prior amendments to Ordinance No. 422[1] (adopted the 25th day of September, 1990) and in particular
to Section 5 of said ordinance, which relate to compliance with the
Pennsylvania Workers' Compensation Act, Act of June 2, 1915, P.L.
736, as amended,[2] such Act having since been amended and codified at the
Act of June 24, 1996, P.L. 57, and which are set out in Ordinance
No. 663 of 1993,[3] adopted the 20th day of September, 1993, shall continue
in full force and effect, and are incorporated herein by reference
thereto the same as fully set forth herein.
Nothing in this chapter or in the codes hereby adopted shall
be construed to affect any suit or proceeding now pending in any court,
or any rights acquired or liability incurred hereunder, nor any cause
or causes of action accrued or existing under any act or ordinance
repealed herein.
