[Adopted 2-7-2005 by Ord. No. 2005-1]
A.
WHEREAS, Edwardsville Borough and the Municipality
of Kingston (the "Municipalities") are municipalities located within
Luzerne County, Pennsylvania; and
B.
WHEREAS, each municipality has adopted the Uniform
Construction Code and recognizes that cooperation in the enforcement
of the Uniform Construction Code would be beneficial for their respective
residents; and
C.
WHEREAS, the municipalities recognize that the coordination
of services would enable each municipality to minimize the costs of
administration of a code enforcement program; and
D.
WHEREAS, the Act of December 19, 1996, P.L. 1158,
No. 177, § 1, 53 Pa.C.S.A. § 2301 permits municipalities
to enter into agreements to cooperate in the performance of their
respective functions, powers or responsibilities; and
E.
WHEREAS, the Pennsylvania Department of Community
and Economic Development ("Department") has established a program
to encourage municipalities to enter into such agreements for the
sharing of code enforcement services; and
F.
WHEREAS, Edwardsville Borough and the Municipality
of Kingston desire to enter into an agreement whereby they will jointly
agree upon terms to enforce the Uniform Construction Code.
A.
Utilization of Kingston Municipal Code Official. Kingston
employs a full-time Municipal Code Official who is responsible for
the enforcement of the Uniform Construction Code in the Municipality
of Kingston. Edwardsville and Kingston agree that Edwardsville will
be permitted to appoint said official as a construction code official
of the Borough of Edwardsville to conduct electrical inspections and
to act as a backup to Edwardsville Municipal Code Official by conducting
any other functions required by the Uniform Construction Code as requested
by the Borough of Edwardsville from time to time. For these services,
Edwardsville will reimburse Kingston $24.12 per hour, said payment
being remitted to Kingston within 30 days of receiving an invoice
for said services. This figure can be amended yearly upon 30 days'
written notice by the Municipality of Kingston to the Borough of Edwardsville
to reflect changes in the costs to Kingston to provide the service
to Edwardsville.
B.
Responsibilities of municipalities. The following
are the individual responsibilities of each municipality:
(1)
Drafting and enacting an ordinance that ratifies the
Municipality's participation in the Joint Code Enforcement Program
and authorizing the entry into this agreement in accordance with the
requirements of the Intergovernmental Cooperation Act.
(2)
As to the Borough of Edwardsville, Edwardsville shall
indemnify and hold the Municipality of Kingston harmless from lawsuits
claimed or asserted against the Code Official, the Board of Appeals
or the Municipality of Kingston arising out of the inspections or
other activities of the Code Official within the Borough of Edwardsville.
The Borough of Edwardsville shall supply the municipality with a copy
of the Borough of Edwardsville's Errors and Omissions Policy listing
the Kingston Municipal Code Official, the Board of Appeals and the
Municipality of Kingston as additional insureds under the Borough
of Edwardsville's policy.
C.
Fines/permit fees. Each municipality shall, at its
sole cost and expense, pay for the costs of administering the Joint
Code Enforcement Program within its municipality. Any fines or penalties
recovered by a municipality for a violation of its ordinances shall
be the sole property of the prosecuting municipality. Similarly, any
permit fees shall be the sole property of the municipality where the
work is being performed.
D.
Duration of agreement. The term of this agreement
shall be for a period of one year commencing with the date of execution
hereof by Edwardsville Borough and the Municipality of Kingston. This
agreement shall be automatically renewed for an additional term of
one year at the conclusion of the initial term and each renewal thereafter
unless, at least 90 days prior to expiration, the municipality which
does not desire to renew the agreement gives written notice of such
refusal to renew to the other municipality in writing. Notwithstanding
the foregoing, either municipality can withdraw from this agreement
upon good cause shown, provided that 90 days' written notice shall
be given to the other party.
E.
Board of Appeals. Kingston presently has a Board of
Appeals under the Uniform Construction Code. It is agreed that Edwardsville
shall be permitted to designate and utilize this Board of Appeals
for Edwardsville's UCC appellate matters. Edwardsville will participate
in any costs of administering this Board with Kingston as mutually
agreed upon from time to time. Additionally, Edwardsville will pay
to Kingston an anticipated stipend for the members of the Board of
Appeals at the rate of $175 per hearing day.
F.
Amendment. This agreement may be amended only by ordinance enacted by both participating municipalities. This section shall not require an ordinance for either municipality to not renew the agreement or withdraw from the agreement pursuant to Subsection D of this section.
G.
Interpretation. This agreement shall be interpreted
in accordance with the laws of the Commonwealth of Pennsylvania.
H.
Severability. The provisions of this agreement are
severable, and if any section, sentence, clause, part or provision
hereof shall be held to be illegal, invalid or unconstitutional by
any court of competent jurisdiction, such decision of the court shall
not affect or impair the remaining sections, sentences, clauses, parts
or provisions of this agreement. It is hereby declared to be the intent
of the governing bodies of each participating municipality that this
agreement would have been entered into if such illegal, invalid or
unconstitutional section, sentence, clause, part or provision had
not been included herein.
I.
Construction. When the sense so requires, words of
any gender used in this agreement shall be held to include any other
gender, and words in the singular number shall be held to include
the plural, and vice versa.
J.
Administration. Each municipality shall designate
one or more persons as being responsible for the administration of
the provisions of this agreement, including but not limited to scheduling
inspections and enforcement work, payment of code officials for services
rendered and coordination of appeal hearings.
K.
Execution in counterparts. This agreement can be executed
in one or more counterparts which, when read together, shall constitute
one complete and binding agreement.
