[HISTORY: Adopted by the Borough Council
of the Borough of Yeadon 12-7-1995 by Ord. No. 1245 as Ch. 248 of the 1995
Code. Amendments noted where applicable.]
A.
Establishment of office. There is hereby established
the Office of Code Enforcement. The official(s) appointed thereto
by the Borough shall have the responsibility for administration and
enforcement of the provisions of this Code and all other ordinances
of the Borough, unless otherwise expressly provided by Council.
B.
Relief from personal liability. The Code Enforcement
Officer, other officials or employees charged with the enforcement
of the Borough Code,[1] this Code and other ordinances of the Borough who act
in good faith and without malice in the discharge of their 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 or other
official or employee because of an act performed by that person in
the lawful discharge of duties shall be defended by the Solicitor
or his or her designee until final termination of the proceedings.
The Code Enforcement Officer shall not be liable for costs in any
action, suit or proceedings.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101
et seq.
C.
Office records. 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 subject to unwarranted invasion of privacy,
and except that no evidence or information shall 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 Code and other ordinances of the Borough, nor 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 as long as
the building or structure to which they relate remains in existence,
unless otherwise provided by other regulations.
D.
Annual report. At least annually, the Code Enforcement
Officer shall submit to the Council a written statement of operations
in the form and content as shall be prescribed thereby.
A.
Appointment of Code Enforcement Officer. There shall
be appointed, by the Council, 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 office, as appointed and approved by the
Council. Said Code Enforcement Officer and other personnel shall consist
of employees directly hired and compensated by the Borough.
B.
Approved inspection agencies. The Code Enforcement
Officer shall make all the required inspections or may accept reports
or 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 Council. When required by the
provisions of the applicable 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 applicable codes and ordinances
which establish the Office of Code Enforcement as their official administration
and enforcement authority.
B.
Permits; notices and orders; inspections; investigations.
The duties of the Code Enforcement Officer shall include the receipt
of applications for and issuance of permits for the erection, alteration,
repair, removal or demolition of structures, for additions to structures,
and for the installation of service equipment (plumbing, electrical
and mechanical) in structures; the issuance of all necessary notices
and orders to abate illegal or unsafe conditions to insure compliance
with the Borough Code,[1] this Code and
all other applicable codes and ordinances for the safety, health and
general welfare of the public; making inspections to determine compliance
with applicable codes and ordinances; and undertaking investigations
and other activities as may be required.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101
et seq.
C.
Presentation of credentials. The Code Enforcement
Officer or his or her authorized representative shall disclose proper
credentials of their respective offices for the purpose of inspecting
any and all buildings and premises in the performance of duties under
the applicable code and/or ordinance when requested to do so.
D.
Coordination of enforcement. Whenever, in the opinion
of the Code Enforcement Officer, initiating an inspection under an
applicable code or ordinance, it is deemed necessary or desirable
to have inspections by any other department, the Code Enforcement
Officer shall make a reasonable effort to arrange for the coordination
of such inspection, so as to minimize the number of visits by representatives
of the Borough, 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 Department
and Fire Department personnel, shall be available to the Code Enforcement
Officer to assist in the performance of his or her duties.
E.
Right of entry. Except in the case of an emergency,
or when a mutually convenient time is agreed to by the Code Enforcement
Officer or his or her authorized representative, such officials, in
the discharge of their duty to safeguard the safety, health and welfare
of the public, and upon showing proper identification where requested,
are 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 Borough to enforce
the provisions of 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 inspections, maintenance,
repairs or alterations as are necessary to comply with the provisions
of all applicable codes and ordinances.
F.
Refusal of entry; court order. 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 or her 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 section 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.
G.
Variances. The Code Enforcement Officer shall have
such power, as may be necessary in the interest of the 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
from the literal provision of the code, but such a variance shall
not have the effect of waiving working stresses or fire protection
requirements specifically provided in the code, or of violating accepted
engineering practice involving public safety, but must 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 the ordinances
of the Borough.
H.
Preliminary inspections. Before issuing a permit,
the Code Enforcement Officer may examine or cause to be examined any
building, structure or site for which an application has been filed
for a permit to construct, enlarge, alter, repair, remove, demolish
or change the use thereof.
I.
Subsequent inspections. After issuing a permit, the
Code Enforcement Officer or a designated inspection agency shall conduct
such required inspections as are necessary or desirable, in his or
her or its judgment, from time to time, during and upon completion
of the work for which a permit has been issued. A record of all such
inspections and of all violations of applicable codes and ordinances
shall be maintained by the Code Enforcement Officer.
The annual compensation of the Code Enforcement
Officer shall be established by Council.
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 provision of any applicable code or ordinance, or
whenever the Code Enforcement Officer orders a dangerous or unsafe
structure, or a structure unfit for human habitation, 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 or her 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 and the section or sections of applicable code or
ordinance which have been violated;
(4)
Include a correction order allowing a reasonable time,
not to exceed 60 days, for the correction of the violation alleged
or the remedial actions required, except where emergency conditions
exist which require immediate corrective action; and
(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.
C.
Service. The notice shall be served personally on
the responsible owner, occupant, operator or other person in charge
or by certified mail with a return receipt requested. Where such a
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 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 or mechanical), which requires immediate action to protect
the public 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 vacation of the premises or such
other action as the Code Enforcement Officer deems necessary to meet
such emergency. Notwithstanding any other provision of this Code or
of any other applicable code or ordinance, 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.
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 of 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. No person shall
enter such a building or structure except for the purpose of making
the required repairs or demolishing the same.
A.
In 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 to involve an illegal or improper use, occupancy
or maintenance, shall be condemned pursuant to the provisions of this
chapter and may be placarded and vacated. Such a building or structure
shall not be reoccupied without the 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 a door or window
shall be deemed a fire hazard and unsafe.
B.
Unsafe structures. An unsafe structure is one in which
all or a part of such structure is found to be dangerous to life,
health, property or the safety of the public or its occupants because
it does not provide 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 any premises
or within any structure which is in such disrepair or condition that
it is found to be a hazard to life, health, property or the safety
of the public or the 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.
Structures unfit for human habitation. A structure
is unfit for human occupancy or use whenever the Code Enforcement
Officer finds that it is unsafe or unlawful or because of the degree
to which it lacks maintenance or is in disrepair, is unsanitary, is
vermin- or rat-infested, contains filth and contamination, or lacks
ventilation, illumination, sanitary or heating facilities or other
essential equipment required by any applicable code or ordinance,
or because its location constitutes a hazard to its occupants or to
the public.
E.
Unlawful structures. An unlawful structure is one
that is found, in whole or in part, to be occupied by more persons
than are permitted under any applicable code or ordinance, or that
was erected, altered or occupied contrary to law.
F.
Restoration of unsafe structures. A building or structure
condemned by the Code Enforcement Officer may be restored to a safe
condition, provided that change of use or occupancy is not contemplated
nor compelled by reason of such restoration. However, if the damage
or cost of restoration or reconstruction is in excess of 50% of its
replacement value, exclusive of foundations, such building or structure
shall be made to comply with the Borough's building, plumbing and
electrical codes with respect to all requirements for materials and
methods of construction of buildings and structures.
G.
Closing of vacant structures. If a structure or a
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 on the premises and may
order the structure closed up so that it will not be an attractive
nuisance to children.
A.
Noncompliance with orders; vacation of structures.
If the responsible owner, operator, occupant or person in charge of
a 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 structures. Upon issuance of an order
to vacate, the Code Enforcement Officer may placard the structure
or any part thereof, or may placard defective equipment, which placards
shall bear the words "Unsafe for human occupancy or use," together
with a statement of the penalties provided for any occupancy or use
or for removing the placard.
C.
Removal of placards. 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 in § 110-10.
A.
There is hereby established the position of Deputy
Code Enforcement Officer, in such number as Council shall determine.
B.
The Deputy Code Enforcement Officer shall be the Borough
Manager and such other person or persons as are appointed by Council.
C.
The Deputy Code Enforcement Officer shall have all
the authority and duties of the Code Enforcement Officer.
D.
The Deputy Code Enforcement Officer shall receive
such compensation as Council shall establish; provided, however, that
the Borough Manager shall receive no additional compensation for his
or her duties as Deputy Code Enforcement Officer.
