Borough of Lansdale, PA
Montgomery County
[HISTORY: Adopted by the Council of the Borough of Lansdale as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Building construction — See Ch. 51.

Electricity — See Ch. 65.

Fire prevention — See Ch. 68.

Housing standards — See Ch. 77.

Plumbing — See Ch. 94.

Subdivision of land — See Ch. 107.

ARTICLE I
Office of Code Enforcement (§ 8-1 — § 8-10) 

ARTICLE II
Jurisdiction of County Health Department (§ 8-11 — § 8-13) 

[Adopted 3-5-1986 by Ord. No. 1333
Editor's Note: This ordinance also provided for the repeal of former Ch. 8, Code Enforcement Officer, adopted 8-17-1983 by Ord. No. 1281.
]

§ 8-1
Office of Code Enforcement. 

§ 8-2
Code Enforcement Officer. 

§ 8-3
Indemnification of officers and employees. 

§ 8-4
Official records. 

§ 8-5
Powers and duties of Code Enforcement Officer. 

§ 8-6
Applications and fees. 

§ 8-7
Required certificates, permits and licenses. 

§ 8-8
Violations and penalties. 

§ 8-9
Jurisdiction; disposition of fines. 

§ 8-10
Additional remedies. 

§ 8-1 Office of Code Enforcement.

There is hereby created by the Borough Council of the Borough of Lansdale an office of the Borough of Lansdale to be known as "Office of Code Enforcement." Said Office shall have the responsibility for administering and enforcing the provisions of this article and of those other codes and/or ordinances of the Borough of Lansdale (hereinafter referred to as the "applicable codes and ordinances") which designate said office of Code Enforcement as their official administration and enforcement agency.

§ 8-2 Code Enforcement Officer.

There shall be appointed by the Borough of Lansdale, a Code Enforcement Officer who shall be in charge of the Office of Code Enforcement of the Borough of Lansdale. 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.

§ 8-3 Indemnification of officers and employees.

The Code Enforcement Officer or other official or employee shall not, while acting for the Borough of Lansdale, 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, because of any act performed by him in the lawful discharge of his duties, shall be defended by the Solicitor of the Borough of Lansdale and in no case will said Officer, official or employee be liable for costs in any action, suit or proceeding.

§ 8-4 Official 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.

§ 8-5 Powers and duties of Code Enforcement Officer.

A. 

The Code Enforcement Officer shall enforce and administer all of the provisions of this article and of those other applicable codes and ordinances which establish the Office of Code Enforcement as their official administration and enforcement agency.

B. 

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 research and investigations; the establishment of appropriate rules; the keeping of records; the issuance of written annual reports and other such activities as may be required by the Borough of Lansdale or Municipal Manager.

C. 

In such discharge of his duties, the Code Enforcement Officer or his authorized representative shall, upon showing proper identification, have the authority to enter, at any reasonable hour, any structure or premises in the Borough of Lansdale to enforce the provisions of this article and of those other applicable codes and ordinances. The assistance and cooperation of all other municipal officials, including the 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.

D. 

The owner, operator or occupant or other person in charge of any structure or premises shall give the Code Enforcement Officer free access thereto and it shall be unlawful to refuse or impede entrance of the Code Enforcement Officer to said structure or premises for the purpose of making any required inspection.

E. 

If any such owner, operator or other occupant or other person in charge refuses or impedes any required or lawful inspection, the Borough of Lansdale may seek, in a court of competent jurisdiction, an order that such owner, operator, occupant or person in charge shall cease and desist with such interference.

§ 8-6 Applications and fees.

A. 

An application for a permit 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 application shall be submitted in such form as may be prescribed by the Code Enforcement Officer and shall be accompanied by any required fee.

B. 

The Code Enforcement Officer shall examine said application to determine compliance with those other applicable codes and ordinances of the Borough of Lansdale and shall, within such period prescribed by law, but not later than 60 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 reason for such rejection.

C. 

Applicants for permits required by any of the following applicable codes and ordinances shall pay, at the time of application, to the Code Enforcement Officer for and to the use of the Borough of Lansdale, fees according to a schedule as may from time to time be adopted by resolution of the Borough Council.

§ 8-7 Required certificates, permits and licenses.

The following certificates, permits or licenses 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.

A. 

In accordance with Section 119.0 of the BOCA Basic 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 part, until such certificate of use and occupancy shall have been issued by the Code Enforcement Officer.

B. 

In accordance with Sections 2004.0 and 2203.0 of the BOCA Basic Building Code, 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 completion of the building, structure, work or premises.

C. 

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. Applications for such permits, certificates or licenses shall be made to the Code Enforcement Officer.

§ 8-8 Violations and penalties.

A. 

Whenever the Code Enforcement Officer determines that there is or has been a violation of any provision of this article, or of other applicable codes and ordinances, or of any rule or regulation adopted pursuant thereto, he shall give notice to the owner, operator, occupant or other responsible person, as the case may be, of such determined violation. Said notice shall be in writing, signed by the Code Enforcement Officer, and shall include the following:

(1) 

A statement of the determined violation and the action or actions necessary for compliance.

(2) 

A reasonable period of time, as determined by the Code Enforcement Officer, but not less than 10 days notice, for correction of the determined violation or violations, unless, in the opinion of the Code Enforcement Officer, an emergency condition exists or the violation or violations constitute an immediate threat to the health, safety or welfare of any individual or individuals.

B. 

Any person who fails to correct a violation or take a remedial action as ordered by the Code Enforcement Officer or who violates a provision or fails to comply with any requirement of this article or of any of the other applicable codes and ordinances shall be liable, upon conviction, to pay a fine of not less than $25 nor more than $300 plus costs of prosecution, and in default of payment of such fine and costs, to imprisonment not exceeding 30 days, for each and every day the violation exists, which shall be determined to be a separate violation, at the discretion of the District Justice or the Court of Common Pleas of Montgomery County.

§ 8-9 Jurisdiction; disposition of fines.

Any prosecution for violation of this article shall be brought in the name of Lansdale Borough before the District Justice, and all fines and penalties shall be paid to the Secretary or Treasurer of Lansdale Borough and applied to the general funds of Lansdale Borough to pay operating costs.

§ 8-10 Additional remedies.

The remedies as set forth herein shall not be exclusive, and the Borough of Lansdale shall have the right to avail itself of any other remedy at law or equity which it may deem to be appropriate.

[Adopted 12-20-2006 by Ord. No. 1750]

§ 8-11
Agreement to become subject to the jurisdiction of County Health Department. 

§ 8-12
Dissolution of the Borough Health Department, the Lansdale Board of Health and elimination of the position of the Lansdale Health Officer. 

§ 8-13
Amendment of Code provisions. 

§ 8-11 Agreement to become subject to the jurisdiction of County Health Department.

Pursuant to Section 15 of the Local Health Administration Law, 16 P.S. § 12015, the Borough agrees to and shall become subject to the jurisdiction of the County Health Department on January 15, 2007. Further, the Borough shall enter into an Agreement with the County Health Department in the form attached hereto as Exhibit A,

Editor's Note: Exhibit A is on file in the Borough's offices.
which shall reserve the right in the Borough to inspect, license and permit residential rental units within the Borough.

§ 8-12 Dissolution of the Borough Health Department, the Lansdale Board of Health and elimination of the position of the Lansdale Health Officer.

Effective midnight on January 14, 2007, the Borough Health Department and the Lansdale Board of Health shall be dissolved and of no further force and effect. Further, effective midnight on January 14, 2007, the position of the Lansdale Health Officer shall be eliminated. The Borough shall thereafter cease to exercise the powers vested by law in such department, board and office.

§ 8-13 Amendment of Code provisions.

All references in the Borough Code of the Borough of Lansdale to the Borough Health Department, Lansdale Board of Health, and/or the Lansdale Health Officer shall automatically be amended to reference the County Health Department, its boards and officers, except as to any references to registration, licensing, fees, violations, penalties, administration and enforcement under the Lansdale Property Maintenance Code dealing specifically with rooming and dwelling units within the Borough of Lansdale (see Chapter 77 of the Lansdale Borough Code). Any and all references to Health Office or Health Officer within Chapter 77 shall be amended to hereinafter refer to Code Enforcement Officer or his agent.