[HISTORY: Adopted by the City Council of
the City of New Kensington 8-9-1977 by Ord. No. 5-77 as Part 17, Art. 1705
of the 1977 Code. Amendments noted where applicable.]
A.
There is hereby created the Office of Code Enforcement.
The Office shall have the responsibility for administering and enforcing
the provisions of this chapter and of those other codes and/or city
ordinances (hereinafter referred to as the "applicable codes and ordinances")
which designate the Office of Code Enforcement as their official administration
and enforcement agency.
B.
Council may also enter into agreements with the Westmoreland
County Planning Department and/or with the Redevelopment Authority
of Westmoreland County designating such Department and/or Authority
to provide advice, assistance and personnel to the Office of Code
Enforcement relative to all of the powers and duties of the Office
of Code Enforcement herein provided.
[Amended 7-11-2000 by Ord. No. 2-00]
There shall be appointed by Council a Code Enforcement Officer who shall be in charge of the Office of Code Enforcement. The Code Enforcement Officer shall report to the Director of Public Safety, and his work may be reviewed on the basis of results at completion by the City Engineer and ultimately Mayor and Council. The Code Enforcement Officer shall supervise such other employees or assistants as are necessary for the administration and execution of the responsibilities of the Office, as appointed and approved by Council. The Code Enforcement Officer and other personnel may consist of employees directly hired and compensated by the city and/or of employees designated by the Westmoreland County Planning Department and/or the Redevelopment Authority of Westmoreland County in accordance with the agreements provided for under § 94-1. Any such Code Enforcement Officer and other personnel designated by such Department and/or Authority pursuant to such agreements shall be deemed to have all of the duties and powers provided in this chapter and in the applicable codes and ordinances of the city and shall represent the city to the same extent as if appointed directly by the city. Council may also designate a Code Liaison Officer who shall coordinate all local activities and responsibilities of the city related to code enforcement with the Westmoreland County Planning Department and/or with the Redevelopment Authority of Westmoreland County.
The Code Enforcement Officer or other official
or employee shall not, while acting for the city, 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 City Solicitor, and in no case will the 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 considered privileged information and 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.
A.
Enforcement and administration. 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 enforcement
agency.
B.
Duties. 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 research 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.
C.
Right of entry.
(1)
In the discharge of his duties the Code Enforcement
Officer or his authorized representative, upon showing proper identification
where requested, is hereby authorized to enter and inspect, at any
reasonable hour, any structure or premises in the municipality and
to enforce the provisions of this chapter 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.
(2)
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.
(3)
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.
(4)
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,
upon a showing that probable cause exists for the inspection, may
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.
A.
Permit required. 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. The application shall be submitted in
such form as may be prescribed by the Code Enforcement Officer and
shall be accompanied by any required plans and fees.
B.
Action on application. The Code Enforcement Officer
shall examine the application to determine compliance with those other
applicable codes and ordinances and shall, within 15 days after filing,
either approve or reject the application. If the application is rejected,
the Code Enforcement Officer shall inform the applicant, in writing,
stating the reasons for such rejection.
C.
Required fees.
(1)
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, any fees required
by any resolution of the Council or any other provisions of this Code.[1]
[Amended 12-20-1994 by Ord. No. 2-94]
(2)
The fees for application to the Code Hearing Board
for a hearing shall be as follows:
[Added 2-4-2009 by Ord. No. 1-09]
(a)
Administrative hearing costs, $100, plus additional
estimated costs for advertising and stenographic charges in the amount
of $300, shall be paid by any applicant prior to the scheduling of
a hearing.
(b)
The City shall hold the $300 in escrow, and
money not used shall be refunded to the applicant at the conclusion
of the hearing. If additional money is required, the applicant shall
be billed by the City and payment shall be due five days from the
date of the bill.
D.
Certificates. The following certificates shall be
required in accordance with the provisions of those other applicable
codes or ordinances which the Office of Code Enforcement has the responsibility
to administer. Certificates may be issued separately or combined in
the form of a single certificate.
(1)
Certificate of use and occupancy. In accordance with
Section 118.0 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.
[Amended 12-20-1994 by Ord. No. 2-94]
(2)
Certificate of approval. A certificate of approval
shall be required for any electrical or plumbing work completed under
the provisions for 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.
(3)
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
such 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.
Service of notice.
(1)
He shall serve notice, in writing, of the alleged
violation which shall be signed by the Code Enforcement Officer or
his authorized representative. The 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 notice may be served by
any other method authorized under the laws of the commonwealth.
(2)
The 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.
(3)
The 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.
(4)
The 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 such notice.
B.
Extension of time. 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.
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, 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 is dangerous, unsafe or unfit for
human habitation to vacate, repair and/or demolish such structure
and to remove the public nuisance as provided for in this chapter
and in the applicable codes and ordinances in accordance with the
laws of the commonwealth.
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, 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. The expenses incurred pursuant to Subsection B hereof and 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 a 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. Council may institute a suit to recover such expenses to be charged against the property as a lien.
A.
Code Hearing Board. There is hereby established a
Code Hearing Board, appointed by Council, consisting of not fewer
than three members nor more than five members who shall serve without
compensation but may be reimbursed for necessary and 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.
B.
Powers of the Board. The Code Hearing Board shall
have the following powers and duties:
(1)
Interpretation. On appeals from a determination of
the Code Enforcement Officer or on request of any municipal official,
the Code Hearing Board shall decide any question involving the interpretation
of any provision of this chapter or of another applicable code and/or
ordinance.
(2)
Variances. The Code Hearing Board may grant a variance
from the strict application of this chapter or of those other applicable
codes. 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 will not be jeopardized.
(3)
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.
C.
Requests for 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 chapter and of those other applicable codes
or ordinances may take an 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 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.
D.
Appeals and variance procedure.
(1)
Public hearing. The Code Hearing Board shall meet
and conduct a hearing within 30 days of the receipt of an appeal or
a 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.
(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 such
order.
E.
Appeals from the decision of the 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.
F.
Reports by the Board. The Code Hearing Board shall
report to 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
Council advisory reports recommending changes and modifications in
this chapter or in those other applicable codes or ordinances.[1]
[1]
Editor's Note: Original Sections 1705.10 and
1705.11, regarding floodplain regulations, were deleted 12-20-1994
by Ord. No. 2-94.
[Added 12-20-1994 by Ord. No. 2-94]
For provisions regarding floodplain regulations and variances, see Chapter 121, Flood Damage Prevention.
A.
Whoever fails to correct a violation or take remedial
action as ordered by the Code Enforcement Officer or whoever violates
a provision or fails to comply with any requirement of this chapter
or of any other applicable code or ordinance shall be fined, for each
violation, not more than $600 and costs of prosecution and, in default
of payment, shall be imprisoned for not more than 90 days and, in
the case of a specific code or ordinance, shall be fined as may be
provided in said code or ordinance. Each day of failure to comply
shall constitute a separate offense.
[Amended 12-20-1994 by Ord. No. 2-94]
B.
The imposition of a penalty shall not preclude the
City Solicitor from initiating, and he is hereby ordered to initiate,
appropriate action or proceeding at law or in equity to effect the
purposes of this chapter.
