[HISTORY: Adopted by the Board of Supervisors
of the Township of North Coventry 7-22-1985 by Ord. No. 67. Amendments
noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 150.
[Amended 1-22-2001; 2-12-2007; 10-9-2018; 5-9-2022 by Ord. No. 01-2022]
A.
Applicable codes. The term "applicable codes" and the enforcement
thereof as referred to in this as well as other sections of this chapter
shall apply to those codes which are listed below as follows:
A.
Creation of Office of Code Enforcement. There is hereby created by the Board of Supervisors of the Township of North Coventry an office to be known as the "Office of Code Enforcement." Said Office shall have the responsibility for administering and enforcing the provisions of this chapter and of those other codes and/or ordinances of the Township referred to as "applicable codes and ordinances" in § 141-1 of this chapter, which designates said Office of Code Enforcement as their official administration and enforcement agency.
B.
Appointment of Code Enforcement Officer. There shall
be appointed by the Board of Supervisors of the Township of North
Coventry a Code Enforcement Officer who shall be in charge of the
Office of Code Enforcement of the Township. 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, as appointed and approved by the Board of Supervisors. Said
Code Enforcement Officer and other personnel may consist of employees
directly hired and compensated by the Township.[1]
[1]
Editor's Note: Original Sec. 2.3, Fire Chief
and assistants, amended 3-9-1987, which previously followed this subsection,
was repealed 1-22-2001.
C.
Relief from personal liability. The Code Enforcement
Officer or other official or employees shall not, while acting for
the Township, 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, of his duties, shall be defended by the Solicitor
of the Township and in no case will said office, official, or employee
be liable for costs in any action, suit or proceeding.
D.
Official record. An official record shall be kept
of all business and activities of the Office of Code Enforcement and
all such record 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 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 by Code Enforcement Officer. 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
and enforcement agency.
B.
Duties of Code Enforcement Officer. 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 or 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, between
the hours of 9:00 a.m. and 4:00 p.m., any structure or premises in
the Township to enforce the provisions of this chapter and or those
other applicable codes and ordinances. The assistance and cooperation
of all other Township officials, including 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
may, 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 requirement 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 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.
Action on application. The Code Enforcement Officer
shall examine said application to determine compliance with those
other applicable codes and ordinances of the Township and shall, within
90 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 reasons for such rejection.
C.
Required fees. For permits and certificates required
by North Coventry Township Ordinance No. 54[1] or any code adopted therein, and for permits and certificates
required by any of the applicable codes and ordinances listed within
this chapter, applicants at the time of application shall pay North
Coventry Township fees according to a schedule set by resolution of
the North Coventry Township Board of Supervisors. The fees shall be
submitted to the Township Code Enforcement Officer or other duly authorized
agent of the Township.
[Amended 1-22-1990]
D.
Time limit on application.
(1)
Application for a permit for any proposed work shall
be deemed to have been abandoned six months after date of filing,
unless such application has been diligently prosecuted or a permit
shall have been issued; except that for reasonable cause, the building
official may grant one or more extensions of time for additional periods
not exceeding 90 days each.
(2)
All permits granted under any of the above applicable
codes and ordinances shall be good for a period of one year provided
that extensions may be granted by the Code Enforcement Officer for
good reason; except that any permit granted for demolition activities
shall be valid for three months only and if such demolition work is
not complete within that time, any bond posted by the applicant shall
be forfeited.
E.
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. Said certificates may be issued separately or combined
in the form of a single certificate.
(1)
Certificate of use and occupancy. In accordance with
Section 110 of the 2006 International 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.[2]
(2)
Certificate of approval. 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 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
said applicable codes and ordinances. Application for such permits,
certificates, or licenses shall be made to the Code Enforcement Officer.
A.
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:
(1)
Serve notice in writing of the alleged violation which
shall be signed 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 or general circulation for a period of three
consecutive days; or served by any other method authorized under the
laws of the Commonwealth of Pennsylvania.
(2)
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.
(3)
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.
(4)
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 Code Hearing
Board within 15 days from the receipt of said notice.
B.
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.
A.
Any person who fails to correct a violation or 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
chapter or of any of the other applicable codes or ordinances shall
be subject, for each violation, to a fine of not less than $50 or
more than $1,000 and costs of prosecution; and in default of payment
of such fine and costs to imprisonment not exceeding 30 days, and
each day's failure to comply with any such provision or requirement
or any such order shall constitute a separate offense.
[Amended 1-22-2001]
B.
The imposition of the penalties, herein prescribed
shall not preclude the Solicitor representing the Township from initiating,
and he is hereby ordered to initiate, appropriate actions or proceedings
at law, or inequity, to effect the purposes of this chapter.
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 of the Township 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 are dangerous, unsafe or unfit
for human habitation to vacate, repair and/or demolish said structure
and to remove the public nuisance as provided for in this chapter
and in the applicable codes and ordinances of the Township in accordance
with the laws of the Commonwealth of Pennsylvania.
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 of Pennsylvania, 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.
(1)
The expenses incurred pursuant to § 141-7B of this chapter and of 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.
(2)
The Code Enforcement Officer shall file on his records
an affidavit stating with fairness and accuracy the items and date
of the expenses incurred. The Board of Supervisors 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 the Board of Supervisors, consisting
of not less than three members nor more than five members who shall
serve without compensation, but may be reimbursed for necessary reasonable
expenses. Their term 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 Code Hearing Board. The Code Hearing
Board shall have the following powers and duties:
(1)
Interpretation. On appeal from a determination of
the Code Enforcement Officer or on request of any Township official,
the Code Hearing Board shall decide any questions involving the interpretation
of any provision of this chapter or of those other applicable codes
and ordinances.
(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 shall 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 45 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.[1]
[1]
Editor's Note: A resolution adopted 2-27-1989
by the Board of Supervisors states that the application fee for a
hearing before the Building Code Hearing Board shall be equal to the
application fee for a hearing before the Township Zoning Hearing Board.
(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 said order.
E.
Appeals from the decision of the Code Hearing 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 Code Hearing Board. The Code Hearing
Board shall report to the Board of Supervisors 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 Enforcement Officer. The Code Hearing
Board may also submit to the Board of Supervisors advisory reports
recommending changes and modifications in this chapter or in those
other applicable codes or ordinances.
Nothing in this chapter shall be construed to
affect any suit or proceeding now pending in any court, or any actions
required, or liability incurred, or any clause or clauses of action
accrued or existing, under any act or ordinance repealed hereby. No
right or remedy of any character shall be lost, impaired, or affected
by this chapter.
The chapter shall be known and may be cited
as the "Code Enforcement Ordinance of the Township."
