Whenever the Code Enforcement Officer determines
that there are reasonable grounds to believe that there has been a
violation of any provision of this Part 1 or of the other applicable
codes and ordinances or of any rules and regulations adopted pursuant
thereto, he shall proceed as follows:
A. The Code Enforcement Officer shall serve notice in
writing of the alleged violation, which shall be signed 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 requested; or where such responsible person in charge cannot
be found, service may be made by posting a notice in or about the
structure or premises or by publishing such 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.
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 60 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 Code Hearing
Board 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 Code Hearing Board upon appeal of the responsible
owner, operator, occupant or other person in charge.
F. The above Subsections
A through
E shall not apply:
(1) When the Code Enforcement Officer issues a stop-work order for a violation of §
73-7, which requires a permit for work. If the responsible owner, occupant, operator or other responsible person in charge continues to perform work without a permit, then the penalty provisions of §
73-12 shall apply.
(2) To §
73-23D, PM-705.5 Smoke detectors. It shall be an immediate violation of this section when the owner of a dwelling unit within the Borough fails to provide a smoke detector. In this case there is no requirement for a written warning, and failure to comply with §
73-23D, PM-705.5, shall cause the Code Enforcement Officer to initiate action with the District Magistrate.