[HISTORY: Adopted by the Borough Council
of the Borough of Heidelberg 7-20-1982 by Ord. No. 365, approved 7-20-1982. Amendments
noted where applicable.]
It shall be unlawful to use or occupy or permit
the use or occupancy or to change the use or occupancy of any building,
structure, land or premises or any part thereof presently existing
or hereafter created, erected, changed, converted or enlarged in its
use and structure until an occupancy permit shall have been issued
therefor by the Building Inspector, stating that the proposed use
of the building, structure or land conforms to the requirement of
this chapter.
Upon completion of the erection of any building
or other alteration of any existing building or any portion thereof
or prior to the occupancy and use of the same or the occupancy or
use of any industrial or commercial land for a business use, the owner,
occupier, user, lessee, or other occupant of such premises shall notify
the Building Inspector of such completion, in writing, and make application
for an occupancy permit. No work shall be considered complete, nor
shall any building be occupied or lot used until said official has
issued an occupancy permit certifying that the work has been inspected
and approved by the Building Inspector of the Borough of Heidelberg
as being in conformity with the provisions of this chapter and other
applicable ordinances of the Borough of Heidelberg.
The discontinuance of any use and the resumption
of a similar use or any change in use, by the present owner, tenant,
user or occupier, from the present use at the time of the adoption
of this chapter or a change of use by a subsequent owner, tenant,
user or occupier of the premises or the continuance of a present use
by a new owner, tenant, user or occupier, i.e., a change of ownership
or control or possession of any business or premises situated within
the Borough of Heidelberg, shall require such owner, user or occupier
of the premises to obtain an occupancy permit as set forth herein.
All applications for an occupancy permit shall
be on a form formulated by the proper officials of the Borough and
shall contain at least the following:
A. The name and address of the owner of the property.
B. The name and address of the occupier of the property.
C. An accurate street description of the property.
D. The type of use of the property.
E. The number of users of the property, including proper
name and mailing address.
F. The date of proposed occupancy.
G. The building permit number or building modification
number of a prior building permit issued.
H. The Department of Labor and Industry permit number,
if applicable.
Certificates of occupancy shall be granted or
denied within 15 days from the date of a properly submitted application
with the applicable costs advanced, said costs of said permit to be
established from time to time by resolution of Borough Council.
No permit shall be issued for the occupancy
use of any property unless and until the same has been inspected by
the Building Inspector and shall be determined to be in a usable safe
condition, and no certificate of occupancy shall be issued in the
case of new erection, construction or alteration until the new erection,
construction or alteration has been completed and inspected and approved
by the Building Inspector.
In case any building or structure is erected,
constructed, reconstructed, altered, repaired, converted or maintained
or any building, structure or land is used in violation of this chapter
or any modifications of this chapter or regulations made supplementing
this chapter, the proper authorized officials of the Borough, in addition
to any other remedies provided to them by law, may institute any appropriate
action or proceeding to prevent such unlawful erection, construction,
reconstruction, alteration, repairs, conversion, maintenance or use
to restrain, correct or abate such violation or to prevent the occupancy
of said building or land or to prevent any illegal act, conduct or
business or use in or about the premises.
A. As used in this chapter, the following terms shall
have the meanings indicated:
PERSON
Any individual, any individuals, partner or partners of any
partnership, officer or officers of any corporation.
B. The obligation of obtaining the occupancy permit as
set forth herein shall fall both upon the owner of the property and/or
the tenant, and/or either or both shall be responsible for obtaining
occupancy permits as required hereunder, but only one permit need
be obtained for any particular use, occupancy or other activity contemplated
hereunder.
A certificate of occupancy for change of use
or occupancy where no structural changes or additions requiring a
building permit is incidental thereto shall be issued only upon written
application to the Building Inspector and upon inspection and approval
of the premises by the Building Inspector.
It is recognized that it may be in accordance
with the purpose of this chapter to permit temporary occupancy for
a limited period of time, which occupancy may be prohibited by other
provisions of this chapter. If such uses are of such a nature and
are so located that, at the time of petition, they will in no way
exert a detrimental effect upon the uses of land and activities normally
permitted in the zone or will contribute materially to the welfare
of the Borough, particularly in a state of emergency, under conditions
peculiar to the time and place involved, then the Borough Council
may, subject to all regulations for the issuance of special exception
elsewhere specified, direct the Building Inspector to issue a permit
for a period not to exceed six months. Such permit may be extended
not more than once for an additional period of six months.
An application may be made to the Zoning Hearing
Board for a variance where it is alleged that the provisions of this
chapter inflict unnecessary hardship upon the applicant. The application
must be on a form provided for that purpose by the Zoning Officer.
It must be filed with the Zoning Hearing Board and copies given to
the Zoning Officer and Borough Planning Commission.
[Amended 11-21-2000 by Ord. No. 539]
Any person or persons who violate any of the
provisions of this chapter shall, upon conviction thereof, be punishable
by a fine of not more than $600 plus costs of prosecution or, upon
default in payment of the fine and costs, by imprisonment in the county
jail for a period not exceeding 30 days.