This chapter shall be administered and enforced
by the Construction Code Official, who shall in no case grant any
permit for the construction or alteration of any building, and who
shall not grant any certificate of occupancy in respect to any building,
where the proposed construction, alteration or use thereof or use
of land would be a violation of any provisions of this chapter. In
the performance of his duty, the Construction Code Official is empowered
to cause any building, structure, plans or premises to be inspected
or examined and to order in writing the remedying of any condition
found to exist therein or thereat in violation of any provisions of
these regulations.
All applications for building permits shall
be accompanied by a plan in duplicate, drawn to scale, showing the
actual dimensions, radii and angles of the lot to be built upon, the
exact size and location on the lot of the building to be erected and
such other information as may be necessary to provide for the enforcement
of this chapter.
It shall be unlawful to use or permit the use
of any building or part thereof hereafter erected, changed, converted,
altered or enlarged, wholly or in part, or the use of land until a
certificate of occupancy shall have been applied for and issued by
the Construction Code Official. Application for a certificate of occupancy
shall be made at the time that the building permit is applied for
and shall be issued within 10 days after the erection or alteration
of the building is completed. In case the Construction Code Official
shall decline to issue a certificate of occupancy, his reasons for
so doing shall be stated on one copy of the application, and that
copy shall be returned to the applicant. A record of all certificates
of occupancy shall be kept on file at the office of the Construction
Code Official and shall be a public record.
Any person may file a complaint with the Construction
Code Official if there is reason to believe that a violation of this
chapter exists. All complaints must be in writing and signed by the
complainant.
A.
In case any building or structure is erected, constructed,
altered, repaired, converted or maintained or any building, structure
or land is used in violation of this chapter or of any ordinance or
regulation made under authority conferred hereby, the Construction
Code Official, in addition to all other existing remedies, may institute
appropriate legal action to prevent such condition, to restrain, correct
or abate such violation, to prevent occupancy of such building, structure
or land or to prevent any illegal act, conduct, business or use.
B.
A violation of these terms shall be abated within
five days after written notice has been served, either by mail or
by personal service.
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements,
adopted for the promotion of the public health, morals, safety or
the general welfare. Wherever the requirements of this chapter are
at variance with the requirements of any other lawfully adopted rules,
regulations or ordinances, the more restrictive, or that imposing
the higher standards, shall govern.
This chapter may be amended, revised or repealed
by the Mayor and Council in the manner provided by statute.
For any and every violation of the provisions
of this chapter, owner, contractor or other persons interested as
lessee, tenant or otherwise in any building or premises where such
violation has been committed or shall exist, and who refuses to abate
said violation within five days after written notice has been served
upon him either by mail or by personal service, shall for each and
every violation be subject to a fine of not more than $500 or to 90
days' imprisonment in the county jail, or both, at the discretion
of the court or judicial officer before whom a conviction may be held.
Each and every day that such violation continues after such notice
shall be considered a separate and specific violation of this chapter
and not as a continuing offense.
[Added 12-17-1991 by Ord. No. 31-0-91]
The Office of Zoning and Land Use Administrator
is hereby created.
A.
The Zoning and Land Use Administrator shall be appointed
by the Mayor with the advice and consent of the Borough Council.
B.
The Zoning and Land Use Administrator may, in addition
to the duties and powers hereinafter set forth, also be the Construction
Code Official, or serve in any other capacity where duties do not
conflict therewith.
C.
Powers and duties of Zoning and Land Use Administrator
shall be as follows:
(1)
Distribute appropriate application package to
applicants.
(2)
Receive and accept applications.
(3)
Review application for completeness for the
purposes of commencing the applicable time period for action by appropriate
municipal agency.
(a)
Such determination must be made within 45 days
of the receipt of the application. The application shall be deemed
complete upon the expiration of the forty-five-day period for purposes
of commencing the applicable time period unless:
(b)
The Zoning and Land Use Administrator shall
grant or deny a request by the applicant for waiver of one or more
of the submission requirements. Such request shall be granted or denied
within 45 days of submission of the application.
(4)
Forward application to appropriate professional
for escrow estimate during the period for determination of completeness
of application.
(5)
Receive escrow and deposit accordingly.
(6)
Upon the determination of completeness, convey
the application to the appropriate agency for scheduling on the agenda.
(7)
Forward applications requiring professional
review to the appropriate professionals.
D.
The Zoning and Land Use Administrator has, at his
discretion, the power to review the following recommendations and
make recommendations:
