[HISTORY: Adopted by the Borough Council of the Borough of Monaca
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-10-1996 by Ord. No. 822]
Pursuant to Section 1008(b) of the Borough Code [53 P.S. § 46008(b)], the codification of a complete body of ordinances and resolutions for the Borough of Monaca, County of Beaver, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., and consisting of Chapters 1 through 245, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Monaca, which shall be known and is hereby designated as the "Code of the Borough of Monaca," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Borough Council of the Borough of Monaca, and it is the intention of said Borough Council that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 1-15 below.
A.
All ordinances or parts of ordinances of a general and permanent nature adopted by the Borough of Monaca and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 1-15 below, except as hereinafter provided.
B.
The following are specifically repealed:
(1)
The 1975 Code.
(2)
The following ordinances:
(a)
Ordinance No. 664, Watercourses, adopted 11-12-1975.
(b)
Ordinance No. 665, Mobile homes, adopted 11-12-1975.
(c)
Ordinance No. 669, Business, adopted 11-12-1975.
(d)
Ordinance No. 679, Brush, grass and weeds, adopted 11-12-1975.
(e)
Ordinance No. 680, Animals, adopted 11-12-1975.
(f)
Ordinance No. 681, Bicycles, adopted 11-12-1975.
(g)
Ordinance No. 682, Playing ball in street, adopted 11-12-1975.
The adoption of this Code and the repeal of ordinances provided for in § 1-3 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal; provided, however, that the repeal of ordinances pursuant to § 1-3 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:
A.
Any ordinance adopted subsequent to December 12, 1995.
B.
Any right or liability established, accrued or incurred
under any legislative provision of the Borough prior to the effective date
of this ordinance or any action or proceeding brought for the enforcement
of such right or liability or any cause of action acquired or existing.
C.
Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision of the Borough
or any penalty, punishment or forfeiture which may result therefrom.
D.
Any prosecution, indictment, action, suit or other proceeding
pending or any judgment rendered prior to the effective date of this ordinance,
brought pursuant to any legislative provision of the Borough.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Borough or any lawful contract, obligation
or agreement.
F.
Any ordinance appropriating money or transferring funds,
promising or guaranteeing the payment of money or authorizing the issuance
and delivery of any bond of the Borough or other instruments or evidence of
the Borough's indebtedness.
G.
Any ordinance adopting an annual budget or establishing
an annual tax rate.
H.
Any ordinance providing for the levy, imposition or collection
of special taxes, assessments or charges.
I.
Any ordinance authorizing the purchase, sale, lease or
transfer of property or acquiring property by acceptance of deed, condemnation
or exercise of eminent domain.
J.
Any ordinance annexing land to the Borough.
K.
Any ordinance providing for or requiring the construction
or reconstruction or opening of sidewalks, curbs and gutters.
L.
Any ordinance or part of an ordinance providing for laying
out, opening, altering, widening, relocating, straightening, establishing
grade, changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, sidewalk, park or other public place or property
or designating various streets as public highways.
M.
Any ordinance establishing water, sewer or other special
purpose districts and designating the boundaries thereof; providing for a
system of sewers or water supply lines; or providing for the construction,
extension, dedication, acceptance or abandonment of any part of a system of
sewers or water supply lines.
N.
Any ordinance providing for the making of public improvements.
O.
Any ordinance providing for the salaries and compensation
of officers and employees of the Borough or setting the bond of any officer
or employee.
P.
Any ordinance concerning changes and amendments to the
Zoning Map.
Q.
Any ordinance relating to or establishing a pension plan
or pension fund for municipal employees.
R.
Any ordinance regarding zoning and land use.
S.
Any ordinance regarding firearms, bows and arrows and
other weapons.
T.
Any ordinance regarding vehicles and traffic.
All ordinances and resolutions of a general and permanent nature adopted subsequent to the date given in § 1-4A and/or prior to the date of adoption of this ordinance are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such ordinances and resolutions shall be temporarily placed in the Code until printed supplements are included.
A.
Nonsubstantive grammatical changes. In compiling and
preparing the ordinances and resolutions of the Borough for adoption and revision
as part of the Code, certain nonsubstantive grammatical and style changes
were made in one or more of said ordinances. It is the intention of the Borough
Council that all such changes be adopted as part of the Code as if the ordinances
and resolutions so changed had been previously formally amended to read as
such.
B.
Nomenclature. The following nomenclature changes are
hereby made throughout the entire Code:
C.
Substantive changes and revisions. In addition to the changes and revisions described above, the changes and revisions of a substantive nature as set forth in Schedule A attached hereto and made a part hereof are hereby made to various ordinances and resolutions included in the Code. These changes are made to bring provisions into conformity with the desired policies of the Borough Council, and it is the intent of the Borough Council that all such changes be adopted as part of the Code as if the ordinances and resolutions so changed have been previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in § 1-15.[1]
[1]
Editor's Note: In accordance with § 1-6C, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 9-10-1996 by Ord. No. 822." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.
In interpreting and applying the provisions of the Code, they shall
be held to be the minimum requirements for the promotion of the public health,
safety, comfort, convenience and general welfare. Where the provisions of
the Code impose greater restrictions or requirements than those of any statute,
other ordinance, resolution or regulation, the provisions of the Code shall
control. Where the provisions of any statute, other ordinance, resolution
or regulation impose greater restrictions or requirements, the provisions
of such statute, other ordinance, resolution or regulation shall control.
A.
Chapter and article titles, headings and titles of sections
and other divisions in the Code or in supplements made to the Code are inserted
in the Code and may be inserted in supplements to the Code for the convenience
of persons using the Code and are not part of the legislation.
B.
Editor's notes indicating sources of sections, giving
other information or referring to the statutes or to other parts of the Code
are inserted in the Code and may be inserted in supplements to the Code for
the convenience of persons using the Code and are not part of the legislation.
Three copies of the Code in a post-bound volume shall be filed with
the Ordinance Book in the office of the Borough Secretary and shall remain
there for use and examination by the public. Upon adoption, such copies shall
be certified to by the Borough Secretary, as provided by law, and such certified
copies shall remain on file in the office of the Borough Secretary, available
to persons desiring to examine the same during all times while said Code is
in effect.
Any and all additions, deletions, amendments or supplements to the Code,
when passed and adopted in such form as to indicate the intention of the Borough
Council to be a part thereof, shall be deemed to be incorporated into such
Code so that reference to the Code shall be understood and intended to include
such changes. Whenever such additions, deletions, amendments or supplements
to the Code shall be adopted, they shall thereafter be printed and, as provided
hereunder, inserted in the post-bound book containing said Code as amendments
and supplements thereto.
It shall be the duty of the Borough Secretary or someone authorized
and directed by him or her to keep up-to-date the certified copies of the
book containing the Code required to be filed in the office of the Borough
Secretary for the use of the public. All changes in said Code and all ordinances
and resolutions adopted by the Borough Council subsequent to the effective
date of this codification which the Borough Council shall adopt specifically
as part of the Code shall, when finally adopted, be included therein by reference
until such changes or new ordinances or resolutions are printed as supplements
to said Code books, at which time such supplements shall be inserted therein.
The Borough Secretary, pursuant to law, shall cause to be published
in the manner required a notice of the introduction and of the adoption of
the Code in a newspaper of general circulation in the Borough. The enactment
and application of this ordinance, coupled with the publication of the notices
of introduction and adoption, as required by law, and the availability of
copies of the Code for inspection by the public, shall be deemed, held and
considered to be due and legal publication of all provisions of the Code for
all purposes.
It shall be unlawful for anyone to improperly change or amend, by additions
or deletions, or to alter or tamper with the Code or any part or portion thereof,
in any manner whatsoever, which will cause the law of the Borough to be misrepresented
thereby. Anyone violating this section of this ordinance shall, upon conviction
thereof, be punished by a fine not exceeding $600, plus costs of prosecution,
and, in default of payment thereof, by imprisonment for a term not exceeding
30 days.
The provisions of this ordinance and of the Code adopted hereby are
severable, and if any clause, sentence, subsection, section, article, chapter
or part thereof shall be adjudged by any court of competent jurisdiction to
be illegal, invalid or unconstitutional, such judgment or decision shall not
affect, impair or invalidate the remainder thereof but shall be confined in
its operation and application to the clause, sentence, subsection, section,
article, chapter or part thereof rendered. It is hereby declared to be the
intent of the Borough Council that this ordinance and the Code would have
been adopted if such illegal, invalid or unconstitutional clause, sentence,
subsection, section, article, chapter or part thereof had not been included
therein.
All provisions of this ordinance and of the Code shall be in force and
effect on and after September 11, 1996.
[Adopted 10-12-1981 by Ord. No. 729]
This article shall be known and may be cited as the "Code Enforcement
Ordinance of the Municipality."
There is hereby created by the Council of the municipality an office
of the municipality to be known as the "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 municipality
and this Code which designate said Office of Code Enforcement as their official
administration and enforcement agency.
There shall be appointed by the Council of the municipality a Code Enforcement
Officer, who shall be in charge of the Office of Code Enforcement of the municipality.
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 Officer, as appointed and approved by the Council of the municipality.
Said Code Enforcement Officer and other personnel may consist of employees
directly hired and compensated by the municipality.
The Code Enforcement Officer or other officials or employees shall not,
while acting for the municipality, render themselves liable personally because
of any act or omission as required or permitted in the discharge of their
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 municipality; and
in no case will said 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 subjected 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 article 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.
The Code Enforcement Officer shall enforce and administer all of the
provisions of this article and this Code which establish the Office of Code
Enforcement as their official administration and enforcement agency.
The duties of the Code Enforcement Officer shall include:
A.
The receipt of applications.
B.
The issuance of permits, notices, certificates and orders.
C.
The making of inspections to determine conformance with
this Code and the undertaking of systematic inspection programs.
D.
The undertaking of research and investigations.
E.
The recommendation of appropriate administrative rules
for review and adoption by the Borough Council.
F.
The keeping of records.
G.
The issuance of written annual reports.
H.
Such other activities as may be required.
A.
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, between the hours
of 9:00 a.m. and 4:00 p.m., any structure or premises in the municipality
to enforce the provisions of this article and of this Code. 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.
B.
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 article may agree to an inspection by appointment
at a mutually convenient time.
C.
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.
D.
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 may, upon a 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
article from a court of competent jurisdiction. Any person who refuses to
comply with such an order issued pursuant to this subsection shall be subject
to such penalties as may be authorized by law for violation of a court order.
An application for a permit shall be required in accordance with the
provisions of this Code which the Office of Code Enforcement has the responsibility
to administer. Said application shall be submitted in such form as may to
prescribed and shall be accompanied by any required fee.[1]
[1]
Editor's Note: Former Section 3.2, Certificates, was deleted
9-10-1996 by Ord. No. 822.
Whenever the Code Enforcement Officer determines that there are reasonable
grounds to believe that there has been a violation of any provision of this
Code or of any rules and regulations adopted pursuant thereof, he shall proceed
as follows:
A.
Serve notice in writing of the alleged violation, which
shall be given by the Code Enforcement Officer or his authorized representative.
Said 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 served by any other method authorized under the
laws of the Commonwealth of Pennsylvania.
B.
Said 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.
C.
Said 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.
D.
Said 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 Board of Appeals within 15 days from the
receipt of said notice.
E.
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 Board of Appeals
upon appeal of the responsible owner, operator, occupant or other person in
charge.
[Amended 9-10-1996 by Ord. No. 822]
Any person who fails to correct a violation or who fails to institute
a remedial action as ordered by the Code Enforcement Officer or who violates
a provision or fails to comply with any requirements of this Code, unless
otherwise provided, shall be subject, for each violation, to a fine of not
more than $600 and costs of prosecution and, in default of payment of such
fine and costs, to imprisonment not exceeding 30 days. Each day's failure
to comply with any such provision or requirement or any such order shall constitute
a separate offense. The imposition of the penalties herein prescribed shall
not preclude the Solicitor representing the Borough from initiating and he
is hereby authorized to initiate appropriate actions or proceedings at law
or in equity to effect the purposes of this Code.
There is hereby established a Board of Appeals, appointed by the Council
of the municipality, consisting of not less 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.
The Board of Appeals shall have the following powers and duties:
A.
Interpretation. On appeal from a determination of the
Code Enforcement Officer or on request of any municipal official, the Board
of Appeals shall decide any questions involving the interpretation of any
provision of this article or of this Code.
B.
Variances. The Board of Appeals may grant a variance
from the strict application of this Code. Such variance 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.
C.
Decide appeals. The Board of Appeals shall hear all appeals
made to it and, depending on its findings, shall decide whether such appeals
shall be granted.
[1]
Editor's Note: Former Section 4.3, regarding dangerous and unsafe
conditions, was deleted 9-10-1996 by Ord. No. 882.
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 article and of this Code may take an
appeal to the Board of Appeals. 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.
A.
Public hearing. The Board of Appeals 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.
B.
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 Board of Appeals 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 Board of Appeals and the findings of fact on which the decision was
based. The Board of Appeals shall make an order on its decision, and the Code
Enforcement Officer shall take immediate action to carry out said order.
Any person or persons aggrieved by a final order or decision of the
Board of Appeals 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.
The Board of Appeals shall report to the Council of the municipality
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 Board of Appeals. The Board of Appeals may also submit
to the Council of the municipality advisory reports recommending changes and
codifications in this article or in those other applicable codes or ordinances.
