[Adopted 4-11-1990 by Ord. No. 1990-1 (Ch.
5, Part 1, of the 1990 Code)]
This article shall be known and may be cited
as the "Code Enforcement Ordinance of the Township of Swatara."
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]
[1]
Editor's Note: Former 65 P.S. § 66.1 et seq. was
repealed 2-14-2008 by P.L. 6, No. 3. See now 65 P.S. § 67.101
et seq.
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.
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.
[Amended 9-8-2004 by Ord.
No. 2004-6]
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.
Required inspections. After issuing a permit, the
Code Enforcement Officer or designated inspection agency shall conduct
such required inspections from time to time during and upon completion
of the work for which a permit has been issued. A record of all such
examinations and inspections and of all violations of this code shall
be maintained by the Code Enforcement Officer. Upon completion of
the building or structure, and before the issuance of the certificate
of use and occupancy, a final inspection shall be made and all violations
of the approved plans and permits shall be abated. 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 certificate of
use and occupancy shall have been issued by the Code Enforcement Officer.
Required inspections shall be as follows:
(1)
Building.
(a)
Footing and setback: to be made after trenches
or basement areas are excavated and forms erected and any required
reinforcing steel is in place and prior to placing concrete.
(b)
Foundation walls: to be made after parging and
tamp proofing is in place and prior to backfilling.
(c)
Framing: to be made after the roof, all framing,
fire stopping and bracing are in place and prior to interior covering.
(d)
Final: prior to occupancy and certification.
(4)
Other inspections.
J.
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.
A.
When permit is required.
(1)
Class A. This type of permit shall be issued for all
new construction on vacant land or land where a building was demolished
in preparation for construction or where construction adds to the
livable area of a residence or additional floor area of a commercial
building. Fees shall be fixed from time to time by the Board of Commissioners.
(2)
Alteration permit. This type of permit shall be issued
when, in the opinion of the Building Official, the work involved does
not increase the livable area of the residence or the floor area of
a commercial building and is not considered to be normal maintenance
or repairs. Any change in size, shape, height, type of materials,
etc., necessitates an alteration permit. The application of any type
of siding (brick, block, coating or facing of any type, shingles,
aluminum or composition siding, etc.) requires a permit. Fees shall
be fixed from time to time by the Board of Commissioners.
(3)
Garage permit. This type of permit shall be issued
for the construction of a one- or two-car private garage when either
detached from the dwelling or connected by a breezeway. The fee shall
be fixed from time to time by the Board of Commissioners.
(4)
Demolition permits. This type of permit shall be issued
for the wrecking of a building. The fee shall be fixed from time to
time by the Board of Commissioners. No fee shall be charged when removal
of the building has been ordered by the Building Official.
(5)
Sign permit. This type of permit shall be issued for
the erection of advertising signs attached to a building or mounted
on stands or poles separate from the building. The fee shall be fixed
from time to time by the Board of Commissioners.
B.
The term "estimated cost" as used in this section
means the reasonable value of all services, labor, materials, equipment,
scaffolding erection and other appliances or devices entering into
and necessary to the prosecution and completion of the work ready
for occupancy, including any and all excavation necessary for cellar
or basement or private sewerage disposal system. If, in the opinion
of the Building Official, the estimated cost of the work is insufficient,
the Building Official shall estimate a fair value and the applicant
shall be required to pay the permit fee on this amount.
C.
Where work, for which a permit is required by the
code, is started or proceeded with prior to obtaining said permit,
the fee shall be doubled, but payment of such double fee shall not
relieve any person from fully complying with the requirements of the
code in the execution of the work nor from any penalties prescribed
by the code.
D.
Forms of application. The application for a permit
shall be submitted in such form as the Code Enforcement Officer may
prescribe and shall be accompanied by the required fee pursuant to
the fee schedule.
E.
By whom application is made. The responsibility for
applying for and obtaining a required permit rests jointly with the
owner or occupant and the person or persons doing the work. The full
name and address of the owner, lessee, applicant and/or the responsible
officers, if the owner or lessee is a corporate body, shall be stated
in the application.
F.
Description of work. The application shall contain
a general description of the proposed work, its location, the use
and occupancy of all parts of the building or structure and of all
portions of the site or lot not covered by the building or structure,
and such additional information as may be required by the Code Enforcement
Officer.
G.
Plans and specifications. The application for the
permit shall be accompanied by one copy of specifications and of plans,
drawn to scale, with sufficient clarity and detail dimension to show
the nature and character of the work to be performed. When quality
of materials is essential for conformity to the codes, specific information
shall be given to establish such quality; and the code shall not be
cited, or the term "legal" or its equivalent be used as a substitute
for specific information. The Code Enforcement Officer may waive the
requirement for filing plans when the work involved is of a minor
nature. If, in the course of work, it is found necessary to make any
changes from the approved plans and specifications on which a permit
has been issued, amended plans and specifications shall be submitted
and, if approved, a supplementary permit shall be issued to cover
the change after the same conditions required to secure the original
permit have been satisfied.
H.
Site plan. There shall also be a site plan showing
to scale the size and location of all the new construction and all
existing structures on the site, distances from lot lines, the established
street grades and the proposed finished grades; and it shall be drawn
in accordance with an accurate boundary line survey. In case of demolition,
the plot plan shall show all construction to be demolished and the
locations and size of all existing structures and plan shall show
the location of water service and sewer connections with respect to
any building in which a plumbing system is to be installed. Vent stack
terminations shall be shown with respect to building ventilation openings
which could allow introduction of sewer gases into the building or
any adjacent building.
I.
Engineering details. The Code Enforcement Officer
may require adequate details of structural, mechanical, plumbing and
electrical work to be filed, including computations, stress diagrams
and other essential technical data. All engineering plans and computations
shall bear the signature of the engineer or architect responsible
for the design. Plans for building more than two stories in height
shall indicate where penetrations will be made for electrical, mechanical,
plumbing and communications conduits, pipes and systems and the materials
and methods for maintaining the required structural integrity, fire
resistance rating and firestopping.
J.
Other permits required. At the time of filing an application
for a permit, the applicant shall present to the Code Enforcement
Officer evidence that he has obtained all necessary permits, licenses,
approvals and/or variances as may be required by the laws of the Township,
and the commonwealth. Individuals, agencies, boards and commissions
issuing aforesaid permits, licenses, approvals and/or variances shall
include, but not be limited to, the Zoning Officer or Zoning Hearing
Board, County Planning Commission, Sewage Enforcement Officer, Fire
Chief, State Police Fire Marshal, Pennsylvania Department of Labor
and Industry and the Pennsylvania Department of Community and Economic
Development.
K.
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
30 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.
If the Code Enforcement Officer is satisfied that the proposed work
conforms to the requirements of the applicable codes, the Code Enforcement
Officer shall issue a permit therefor as soon as possible.
A.
Compliance with codes. The permit shall be a license
to proceed with the work and shall not be construed as authority to
violate, cancel or set aside application. All work shall conform to
the approved application and plans for which the permit has been issued
and any approved amendments thereto.
B.
Signature of permit. The Code Enforcement Officer's
signature shall be attached to every permit; or the Code Enforcement
Officer may authorize a subordinate to affix such signature thereto.
C.
Payment of fees. A permit to begin work shall not
be issued until the permit fee prescribed by resolution adopted by
the Board of Commissioners has been paid; nor shall an amendment to
a permit necessitating an additional fee because of additional work
involved be issued until the additional fee shall have been paid.
D.
Previous approvals. This article or the applicable
codes shall not require changes in the plans, the plumbing, electrical
or mechanical system, or the construction or designated use of a building
for which a lawful permit has been issued or otherwise lawfully authorized
and the construction of which has been actively prosecuted within
90 days after the effective date of this article and is completed
with dispatch.
E.
Approvals in part. The Code Enforcement Officer may
issue permits for the construction of foundations or any other part
of a building or structure before the entire plans and specifications
for the whole building or structure have been submitted, provided
adequate information and detailed statements have been filed complying
with all the pertinent requirements of the codes. The holder of such
permits shall proceed at the holder's own risk with the building operation
and without assurance that permits for the entire structure will be
granted.
F.
Permit expiration dates.
(1)
New construction: one year, provided that an extension
may be requested, in writing, and such extension may be granted by
the Code Enforcement Officer for good reason. Such extension not to
exceed one year.
(2)
Repairs, remodeling, alterations and additions: one
year.
(3)
Demolition: three months only, and if such demolition
work is not completed within that time, any bond posted by the applicant
shall be forfeited.
(4)
Abate violations cited: same as deadline stated in
violation notice.
G.
Revocation of permits. The Code Enforcement Officer
may revoke a permit or approval issued under the provisions of the
codes in case of any false statement or misrepresentation of fact
in the application or on the plans on which the permit or approval
was based.
H.
Posting of permit. A true copy of the building permit
and placard shall be kept on the site of operations open to public
inspection during the entire time of prosecution of the work and until
the completion of the same.
I.
Notice of inspection. At least 24' hours notice in
advance for required inspections indicated on the permit shall be
given to the Code Enforcement Officer or certified inspection agency.
A.
Notice to responsible owner, operator, occupant or
other person in charge. Whenever the Code Enforcement Officer determines
that there are reasonable grounds to believe that there has been a
violation of any provisions of this article or of the other applicable
codes and ordinances, or whenever the Code Enforcement Officer orders
a dangerous, unsafe or unfit for human habitation structure to be
closed up and secured, vacated, repaired and/or demolished, a notice
shall be given to the responsible owner, operator, occupant or person
in charge of the structure or premises in the manner prescribed below.
B.
Form. Notice to the responsible owner, operator, occupant
or person in charge shall:
(1)
Be in writing, signed by the Code Enforcement Officer
or his authorized representative.
(2)
Include a description of the real estate sufficient
for identification.
(3)
Include a statement of the reasons why the notice
is being issued, the sections of this code and/or ordinances which
have been violated.
(4)
Include a correction order allowing a reasonable time,
not to exceed 120 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.
(5)
Include 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 by the owner to seek modification before the
Code Hearing Board within 10 days from receipt of said notice.
C.
Service. The notice shall be served personally on
the responsible owner, occupant, operator, or other person in charge
or served by certified mail with a return receipt requested, or where
such responsible person in charge cannot be found, service may be
made by posting a notice on or about the structure or premises and
taking a picture of said notice, or by publishing said 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.
A.
Vacation of structures. When, in the opinion of the
Code Enforcement Officer, an emergency exists on any premises or in
any structure or part thereof, or in any defective equipment (plumbing,
electrical, mechanical) which requires immediate action to protect
the public's health and safety or that of the occupants thereof, or
if there is actual and immediate danger of failure or collapse of
a building or structure or any part thereof, or when any structure
or part of a structure has fallen and life is endangered by the occupation
of the building or structure, the Code Enforcement Officer may, with
proper notice and service, issue an order reciting the existence of
such an emergency and requiring the vacating of the premises or such
action taken as the Code Enforcement Officer deems necessary to meet
such emergency. Notwithstanding other provisions of this article,
such order shall be effective immediately and the premises or equipment
involved shall be placarded immediately upon service of the order.
Any person to whom such order is directed shall comply immediately
therewith and may thereafter upon petition directed to the Code Hearing
Board be afforded a hearing as prescribed in this article.
B.
Temporary safeguards. When in the opinion of the Code
Enforcement Officer there is actual and immediate danger of collapse
or failure of a building or structure or any part thereof which would
endanger life, the Code Enforcement Officer shall cause the necessary
work to be done to render such building or structure or part thereof
temporarily safe, whether or not the legal procedure herein described
has been instituted.
C.
Closing streets. When necessary for the public safety,
the Code Enforcement Officer may temporarily close sidewalks, streets,
buildings and structures and places adjacent to such unsafe structures
and prohibit the same from being used. It shall be unlawful for any
person to enter such building or structure except for the purpose
of making the required repairs or demolishing the same.
A.
General. All buildings or structures that are or hereafter
shall become unsafe, unsanitary, unfit for human occupancy or use,
or deficient in adequate exit facilities, or which constitute a fire
hazard, or are otherwise dangerous to human life or the public welfare
or are found unlawful involving illegal or improper use, occupancy
and maintenance shall be condemned pursuant to the provisions of this
article and may be placarded and vacated. It shall not be reoccupied
without approval of the Code Enforcement Officer. Unsafe equipment
shall be placarded and placed out of service. A vacant building or
structure unguarded or open at door or window shall be deemed a fire
hazard and unsafe.
B.
Unsafe structure. An unsafe structure is one in which
all or part thereof is found to be dangerous to life, health, property,
or the safety of the public or its occupant by not providing minimum
safeguards for protection from fire or because it is so damaged, decayed,
dilapidated, structurally unsafe, or of such faulty construction or
unstable foundation that it is likely to partially or completely collapse.
All unsafe structures shall be declared a public nuisance and shall
be taken down and removed or made safe and secure as the Code Enforcement
Officer deems necessary.
C.
Unsafe equipment. Unsafe equipment includes any boiler,
heating equipment, elevator, moving stairway, electrical wiring or
device, flammable liquid containers or other equipment on the premises
or within the structure which is in such disrepair or condition that
it is found to be a hazard to life, health, property, or safety of
the public or occupants of the premises or structure. Unsafe equipment
may contribute to the finding that the structure is unsafe or unfit
for human occupancy or use.
D.
Structure unfit for human habitation. A structure
is unfit for human occupancy or use whenever the Code Enforcement
Officer finds that it is unsafe, unlawful, or because of the degree
in which it lacks maintenance or is in disrepair, is unsanitary, vermin-
or rat-infested, contains filth and contamination, or lacks ventilation,
illumination, sanitary or heating facilities or other essential equipment
required by the codes, or because its location constitutes a hazard
to its occupants or to the public.
E.
Unlawful structure. An unlawful structure is one found
in whole or in part to be occupied by more persons than permitted
under this code, or was erected, altered or occupied contrary to law.
F.
Restoration of unsafe structure. A building or structure
condemned by the Code Enforcement Officer may be restored to safe
condition provided change of use or occupancy is not contemplated
nor compelled by reason of such reconstruction or restoration; except
that if the damage or cost of restoration or reconstruction is in
excess of 50% of its replacement value, exclusive of foundations,
such structures shall be made to comply with the Township's building,
plumbing, and electrical codes in all respects with the requirements
for materials and methods of construction of structures.
G.
Closing of vacant structures. If the structure or part thereof is vacant and unfit for human habitation, occupancy or use and is not in danger of structural collapse, the Code Enforcement Officer may post a placard of condemnation of the premises and may order the structure closed up so it will not be an attractive nuisance to children. The exterior of the structure must be maintained in compliance with the Township's Existing Structures Code (Section ES 302.0, Exterior; see Article VII). The windows and doors are to be boarded up with one-half-inch exterior grade plywood, a similar material acceptable to the code officer, finished on one side with the finished side out.
A.
Vacation of structure. If the responsible owner, operator,
occupant, or person in charge of the structure or premises fails to
comply with an order to repair or alter a structure condemned as unfit
for human habitation, within the time given, the structure shall be
vacated within a reasonable time, as ordered by the Code Enforcement
Officer.
B.
Placarding of structure. Upon issuance of an order
to vacate, the Code Enforcement Officer may placard the structure
or parts thereof or on defective equipment bearing the words "Unsafe
for human occupancy or use," and a statement of the penalties provided
for any occupancy or use or for removing the placard.
C.
Removal of placard. The Code Enforcement Officer shall
remove the condemnation placard whenever the defect or defects upon
which the condemnation and placarding actions were based have been
eliminated. Any person who defaces or removes a condemnation placard
without the approval of the Code Enforcement Officer shall be subject
to the penalties provided by this article.
D.
Prohibited use. Any person who shall occupy a placarded
premises or structure or part thereof, or shall use placarded equipment,
and any owner or any person responsible for the premises who shall
let anyone occupy a placarded premises shall be subject to the penalties
provided by this article.
A.
General. The Code Enforcement Officer shall make periodic
inspections of any structure vacated as unfit for human habitation
or any other vacant structure.
B.
Option by owner. If a structure is so old, deteriorated
or has become so out of repair as to be unsanitary or unfit for human
habitation, but can be made safe by repairs, the Code Enforcement
Officer may issue a notice requiring the owner to make the necessary
repairs to bring the structure into compliance with the Township's
codes and/or ordinances or to demolish and remove the structure at
the owner's option. Such notice shall require the person thus notified
to immediately disclose to the Code Enforcement Officer his acceptance
or rejection of the terms of the order.
D.
Service connection. Before a structure can be demolished
or removed, the owner or agent shall notify all utilities having service
connections within the structure, such as water, electric, gas, sewer,
and other connections. A permit to demolish or remove a structure
shall not be issued until a release is obtained from the utilities,
stating that their respective service connections and appurtenant
equipment, such as meters and regulators, have been removed or sealed
and plugged in a safe manner.
E.
Notice to adjoining owners. Only when written notice
has been give by the applicant to the owners of adjoining lots and
to the owners of wired or other facilities, of which the temporary
removal may be necessitated by the proposed work, shall a permit be
granted for removal of a building or structure.
F.
Determination by Code Enforcement Officer. In the
event that the owner or agent is unable to obtain the releases, the
Code Enforcement Officer shall inspect the premises for which application
has been made, to determine that the utility service connections and
appurtenant equipment have been removed or sealed and plugged in a
safe manner.
A.
Notice to the owner. Whenever the Code Enforcement
Officer determines that work on any building or structure is being
prosecuted contrary to the provisions of the Township's codes and/or
ordinances in an unsafe and dangerous manner, the responsible owner
of the property involved or the owner's agent or the person doing
the work shall be notified that such work be immediately stopped.
B.
Unlawful continuance. Any person who shall continue
any work in or about the structure after having been served with a
stop-work order, except such work as that person is directed to perform
to remove a violation or unsafe conditions, shall be subject to the
penalties provided by this article.
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.
A.
Code Hearing Board. There is hereby established a
Code Hearing Board, which shall be composed of the same membership
as the Swatara Township UCC Hearing Appeals Board.
[Amended 9-8-2004 by Ord.
No. 2004-6]
(1)
Quorum. A quorum of the Code of Hearing Board shall
exist when any of five members of the Code Hearing Board are present.
(2)
Financial interest. A member of the Board shall not
participate in any hearing or vote on any appeal in which that member
has a direct or indirect financial interest, or is engaged as a contractor,
or is engaged in the preparation of plans and specification, or in
which that member has any personal interest.
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 10 days of action or of the receipt 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.
