This article shall be known and may be cited as the "Code Enforcement Ordinance of the Township of Swatara."
[Adopted 4-11-1990 by Ord. No. 1990-1 (Ch. 5, Part 1, of the 1990 Code)]
A.
Creation of Office of Code Enforcement. There is hereby created by the Board of Commissioners an office of the Township of Swatara, to be known as the "Office of Code Enforcement." The official(s) appointed thereto by the Board of Commissioners of Swatara Township shall have the responsibility for administrating and enforcing the provisions of this article and those other codes and/or ordinances of the Township herein referred to as the "applicable codes and ordinances," which designate said Office of Code Enforcement as their official administrative and enforcement authority.
B.
Relief from personal liability. The Code Enforcement Officer, other officials or employees charged with the enforcement of this article and those other codes and/or ordinances of the Township who act in good faith and without malice in the discharge of duties shall not thereby be rendered liable personally and the Code Enforcement Officer is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act, required or permitted, or any omission in the discharge of official duties. Any suit instituted against the Code Enforcement Officer, other official or employee because of an act performed by that person in the lawful discharge of duties shall be defended by the Township Solicitor or his designee until final termination of the proceedings. The Code Enforcement Officer shall not be liable for costs in any action, suit or proceeding.
C.
Department records. An official record shall be kept of all business and activities of the Office of Code Enforcement. Only such records as are "public records" under the provisions of the Pennsylvania Right to Know Act (65 P.S. § 66.1 et seq.[1]) 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 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. Such records shall be retained in the official records so long as the building or structure to which they relate remains in existence unless otherwise provided by other regulations.
[Amended 9-8-2004 by Ord. No. 2004-6]
D.
Annual report. At least annually, the Code Enforcement Officer shall submit to the Board of Commissioners a written statement of operations in the form and content as shall be prescribed by the Board of Commissioners.
A.
Appointment of Code Enforcement Officer. There shall be appointed, by the Board of Commissioners of the Township of Swatara, a Code Enforcement Officer, who shall be in charge of the Office of Code Enforcement of the Township of Swatara. 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 Commissioners of the Township of Swatara. Said Code Enforcement Officer and other personnel shall consist of employees directly hired and compensated by the Township of Swatara.
B.
Approved inspection agencies. The Code Enforcement Officer shall make all the required inspections or may accept reports of inspections by authoritative and recognized inspection agencies or individuals, which satisfy requirements as to qualifications and reliability. All inspection reports shall be in writing and shall be certified by the approved authority or responsible officer of the agency or the individual when expert inspection services are accepted. The Code Enforcement Officer may engage such expert opinion as may be deemed necessary to report upon unusual technical issues that may arise subject to the approval of the appointing authority. When required by the provisions of the code or by the approved rules, materials or assemblies shall be inspected at the point of manufacture or fabrication.
[Amended 9-8-2004 by Ord. No. 2004-6; 4-6-2022 by Ord. No. 2022-03]
A.
Enforcement of codes. 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 authority.
B.
Duties. The duties of the Code Enforcement Officer shall include the receipt of applications and issuance of permits for the erection, addition to, alteration, repair, removal, demolition, installation of service equipment (plumbing, electrical, mechanical), and structures; the issuance of all necessary notices and orders to abate illegal or unsafe conditions to insure compliance with this article, and those other applicable codes and/or ordinances for the safety, health and general welfare of the public; the making of inspections to determine compliance with the applicable codes and ordinances; the undertaking of investigations; and other activities as may be required.
C.
Credentials. The Code Enforcement Officer or his authorized representative shall disclose proper credentials of their respective office for the purpose of inspecting any and all buildings and premises in the performance of duties under the applicable code and or ordinance where requested.
D.
Coordination of enforcement. Whenever, in the opinion of the Code Enforcement Officer, initiating an inspection under the applicable codes and/or ordinances, it is deemed necessary or desirable to have inspections by any other department, the Code Enforcement Officer shall make reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visits by the Board of Commissioners and to confer with the other departments for the purpose of eliminating conflicting orders before any are issued. The assistance and cooperation of all other officials, including police and fire departments, shall be available to the Code Enforcement Officer to assist in the performance of his duties.
E.
Right of entry. Except in case of an emergency or a mutually convenient time agreed to by the Code Enforcement Officer or his authorized representative in discharging his duties to safeguard the safety, health and welfare of the public and upon showing proper identification where requested, the Code Enforcement Officer is hereby authorized to enter and inspect between the hours of 7:00 a.m. and 7:00 p.m. any structure or premises in the Township of Swatara to enforce the provisions of this article and of those other applicable codes and ordinances. Every occupant, owner or operator of a structure or premises, or their agent or employee, shall give access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs, or alterations as are necessary to comply with the provisions of this code.
F.
Access entry refused. If any owner, operator, occupant or other person in charge of a structure refuses, impedes, inhibits, interferes with, restricts or obstructs 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 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, or may seek and obtain an administrative search warrant from the Magisterial District Judge in whose jurisdiction the structure or premises are located. 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.
G.
Rule making authority. The Code Enforcement Officer shall have such power as may be necessary in the interest of public safety, health and general welfare to interpret the intent of the applicable codes in specific cases where it clearly appears that, by reason of special conditions, undue hardship would result from a literal application of any section of the applicable codes. Where such undue hardship clearly appears, the Code Enforcement Officer may permit a variance form the literal provision of the code, but such variance shall not have the effect of waiving working stresses or fire protection requirements specifically provided in the code or violating accepted engineering practice involving public safety, but will comply with the spirit and intent of the code. If additional nonconforming conditions are encountered during the course of any approved alteration or repair which were not considered or known initially, the Code Enforcement Officer shall have the authority to require compliance with this article and other codes and/or ordinances of the Township.
H.
Preliminary inspections. Before issuing a permit, the Code Enforcement Officer may examine or cause to be examined all buildings, structures and sites for which an application has been filed for a permit to construct, enlarge, alter, repair, remove, demolish or change the use thereof.
I.
Accounting. The Code Enforcement Officer shall keep an accurate account of all fees collected; and such collected fees shall be deposited in the Township Treasury or otherwise disposed of as required by law.
[1]
Editor's Note: Former §§ 128-7 through 128-12 were repealed 4-6-2022 by Ord. No. 2022-03; former §§ 128-5 and 128-6 were repealed 11-5-2025 by Ord. No. 2025-04.
A.
Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, use or occupy any building or structure or plumbing, electrical, mechanical equipment and fire suppression system regulated by this article and/or the Township's codes, or cause same to be done, in conflict with or in violation of any of the provisions of this article and/or the Township's codes.
B.
Occupancy without use and occupancy certificate. Any new building hereafter erected for which a building permit was issued shall not be used or occupied in whole or in part until a certificate of use and occupancy shall have been issued by the Code Enforcement Officer. Notice of this requirement shall be given to each recipient of a building permit and failure to secure a use and occupancy certificate before use or occupancy of a building is subject to immediate fine and costs as prescribed in this article. No further notification as required under this article shall be required. The building owner by signing the building permit agrees not to violate any provision of the Township's codes and/or ordinances and is so notified. The use and occupancy certificate is a "license" to occupy and use the building.
C.
Failure to comply. Whenever an order to vacate, secure, 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, closed up, and secured, repaired and/or demolished or take such other action as is necessary to abate the nuisance. Abatement under this subsection 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.
D.
Recovery of expenses. The expenses incurred pursuant to Subsection C of this section and other applicable sections of this code and other codes and ordinances shall be paid by the responsible owner, operator or occupant or by the persons who caused or maintained such 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. The Board of Commissioners of the Township of Swatara may recover such expenses by the filing of a municipal claim in relation to the property, reducing said claim to judgment, and executing upon such judgment, or may institute a suit to recover such expense to be charged against the property as a lien or against the person or legal entity violating the code as a personal judgment.
[Amended 9-8-2004 by Ord. No. 2004-6]
E.
Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Enforcement Officer and shall furnish to the Code Enforcement Officer a signed and notarized statement to the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the correction or repairs required by such compliance order or notice of violation.
F.
Penalties. Any person, firm or corporation who shall violate any provisions of this article or fail to correct a violation or institute a remedial action as ordered by the Code Enforcement Officer, or who shall erect, construct, install, alter or repair a building, structure or any plumbing, electrical and mechanical equipment or systems in violation of an approved plan or directive of the Code Enforcement Officer or of a permit or certificate issued under the provisions of the Township's codes shall, upon conviction in a summary proceeding before any Magisterial District Judge, be sentenced for each such violation to pay a fine not exceeding $1,000, plus costs, and, in default of payment thereof, to undergo imprisonment in the County Jail for a period not to exceed 30 days. Each day that a violation continues after due notice has been served in accordance with the terms and provisions hereof shall be deemed a separate offense.
G.
Prosecution. 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 equity for the purpose of ordering that person:
(1)
To restrain, correct or remove the violation or refrain from any further execution of work;
(2)
To restrain or correct the erection, installation or alteration of such structure;
(3)
To require the removal of work in violation;
(4)
To prevent the occupation or use of the structure or part thereof erected, constructed, installed or altered in violation of, or not in compliance with, the provisions of this code, or in violation of a plan or specification under which an approval, permit or certificate was issued.
[Amended 9-8-2004 by Ord. No. 2004-6; 4-6-2022 by Ord. No. 2022-03; 11-5-2025 by Ord. No. 2025-04]
A.
Board of Appeals. There is hereby created a Board of Appeals, consistent with International Property Maintenance Code of 2024, Appendix B.
B.
Powers of the Code Hearing Board. The Code Hearing Board shall have the following powers and duties:
(1)
Appeals. The Code Hearing Board shall hear all appeals made to it and, depending on its findings, shall decide whether relief sought in such appeals shall be granted.
(2)
Interpretation. The Code Hearing Board shall hear all appeals made to it and, depending on its findings, shall decide whether relief sought in such appeals shall be granted.
(3)
Variances. The Code Hearing Board may grant a variance from the strict application of this article or of those other applicable codes and ordinances. 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.
(4)
Decision of the Board. A decision to affirm, modify or reverse the decisions of the Code Enforcement Officer shall be made by a majority of those present and sitting as the Code Hearing Board in any specific case. All decisions of the 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 reason for the decision of the Code Hearing Board and the findings of fact on which the decision was based.
(5)
Enforcement of decision. The Code Hearing Board shall make an order on its decision, and the Code Enforcement Officer shall take immediate action in accordance with the decision of the Board, to carry out said order.
C.
Request for appeals or variances.
(1)
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 article and of those applicable codes or ordinances may, upon petition, 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 filed with the Office of Code Enforcement. An appeal must be taken within 20 days of the mailing date of written notice of any decision or ruling which is being appealed.
(2)
Public hearing. The Code Hearing Board shall meet and conduct a hearing within 30 days of the receipt of a petition for an appeal or 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.
(3)
Court review. 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 rule of civil procedure of the Supreme Court regarding appeals from administrative agencies.