[HISTORY: Adopted by the Borough Council of the Borough of Trafford: 6-10-1997 by Ord. No. 660 (Ch. 81 of the 1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 77.
This chapter shall be known and may be cited as the "Code Enforcement Ordinance of the Borough."
There is hereby created by the Council of the borough an office of the borough 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 borough and this Code which designate said Office of Code Enforcement as their official administration and enforcement agency.
There shall be appointment by the Council of the borough a Code Enforcement Officer, who shall be in charge of the Office of Code Enforcement of the borough. 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 borough. Said Code Enforcement Officer and other personnel may consist of employees directly hired and compensated by the borough. The appointment of the Code Enforcement Officer shall be made by the Borough Council.
The Code Enforcement Officer or other officials or employees shall not, while acting for the borough, 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 an act performed by him in the lawful discharge of his duties, shall be defended by the Solicitor of the borough; 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 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.
The Code Enforcement Officer shall enforce and administer all of the provisions of this chapter 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.
D. 
The undertaking of research and investigation.
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 required, 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 borough to enforce the provisions of this chapter and of this Code. The assistance and cooperation of all other borough 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 chapter 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 chapter 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.
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 required; or where such responsible person in charge cannot be found, service may be made by posting a notice in or about the structure 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 30 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 5-10-2005 by Ord. No. 702]
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 less than $100 nor more than $1,000 and costs of prosecution. 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 she 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 borough, consisting of not fewer 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 term shall expire each year. Appointments to fill vacancies shall be only for the unexpired portion of the term. The Board of Appeals is to meet monthly following the regular scheduled Trafford Borough Council meeting.
The Board of Appeals shall have the following powers and duties:
A. 
Interpretation. On appeal from a determination of the Code Enforcement Office or on request of any municipal official, the Board of Appeals shall decide any questions involving the interpretation of any provision of this chapter or of this Code. Any question involving said interpretation shall be left to the Solicitor of the Borough of Trafford.
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 and community conformity 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.
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 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 publicized 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 and Solicitor. 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 borough periodically, at intervals of not later than six 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 borough advisory reports recommending changes and codifications in this chapter or in those other applicable codes or ordinances.