It shall be unlawful for any person, partnership,
business or corporation to undertake or cause to be undertaken the
excavation, filling and/or grading of any land within the Borough
unless an approved permit has been obtained from the Building Official.
For purposes of this Part 2, the following definitions
shall apply:
BUILDING OFFICIAL
The executive official in charge of the Edgeworth Department
of Building Inspection.
EARTH MATERIAL
Any rock, natural soil or fill and/or any combination thereof.
EXCAVATION
The mechanical removal of earth material.
FILLING
The deposition of earth material.
GRADING
Any excavating or filling or combination thereof.
PERSON
Any person, persons, partnership, business or corporation.
Application for such a permit shall be made
in writing to the Building Official. Such application shall contain
at least the following:
A. The name and address of:
(2) The owner of the land on which the work will be performed.
(3) The contractor performing the work.
B. An identification and description of the work to be
covered by the permit for which the application is made.
C. A description of the land on which the proposed work
is to be done, by lot, block, tract and house and street address or
similar description which will readily identify and definitely locate
the proposed work.
D. An estimate of the value of the proposed work.
E. Such other information as may be reasonably required
by the Building Official.
The Building Official shall issue a permit only
after it has been determined that the proposed work will be in conformance
with all applicable requirements and regulations.
After the issuance of a permit by the Building
Official, no changes of any kind shall be made to the application,
permit or any of the plans, specifications or other documents submitted
with the application without the written consent or approval of the
Building Official.
The proposed work shall begin within six months after the date of issuance of the permit or the permit shall expire, unless a time extension is granted, in writing, by the Building Official. Moreover, all work shall be completed within one year of the date of issuance of the permit. If any work is to be performed beyond this period, a new permit must be obtained under the conditions and requirements cited in §§
113-50 and
113-51 of this Part
2.
During the permitted work period, the Building
Official may inspect the premises to determine that the work is progressing
in compliance with the information provided on the permit application
and with all applicable municipal laws and ordinances. In the event
that the Building Official discovers that the work does not comply
with the permit application or any applicable laws and ordinances
or that there has been a false statement or misrepresentation by any
applicant, the Building Official shall revoke the permit and report
such fact to the Council of the Borough of Edgeworth for whatever
action it considers necessary.
The Council of the Borough of Edgeworth reserves
the right to set, by resolution, a schedule of fees to be charged
for the issuance of permits under this Part 2.
Any person who fails to comply with any or all of the requirements or provisions of this Part
2 or who fails or refuses to comply with any notice, order or direction of the Building Official or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction, shall pay a fine to the Borough of not less than $25 nor more than $300, plus costs of prosecution. In default of such payment, such person shall be imprisoned in the county prison for a period not to exceed 10 days. Each day during which any violation of this Part
2 continues shall constitute a separate offense. In addition to the above penalties, all other actions are hereby reserved, including any action in equity for the proper enforcement of this Part
2. The imposition of a fine or penalty for any violation of or noncompliance with this Part
2 shall not excuse the violation or noncompliance or permit it to continue, and all such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time. Any excavation, filling and/or grading in noncompliance with this Part
2 may be declared by the Council of the Borough of Edgeworth to be a public nuisance and abatable as such.