The City hereby elects to administer and enforce
the provisions of the Pennsylvania Construction Code Act, Act 45 of
1999, 35 P.S. §§ 7210.101 to 7210.1103, as amended
from time to time, and its regulations.
The Uniform Construction Code, contained in
34 Pa. Code, Chapters 401 through 405, as amended from time to time,
is hereby adopted and incorporated herein by reference as the building
code of the City.
Administration and enforcement of the code within
the City shall be undertaken in any of the following ways as determined
by the governing body of the City from time to time by resolution:
A. By the designation of an employee of the City to serve
as the code official to act on behalf of the City;
B. By the retention of one or more construction code
officials or third-party agencies to act on behalf of the City;
C. By agreement with one or more other municipalities
for the joint administration and enforcement of this Act through an
intermunicipal agreement
D. By entering into a contract with another municipality
for the administration and enforcement of this Act on behalf of the
City;
E. By entering into an agreement with the Pennsylvania
Department of Labor and Industry for plan review, inspections and
enforcement of structures other than one-family or two-family dwelling
units and utility and miscellaneous use structures.
[Amended 10-11-2021 by Ord. No. 1251]
A. The Building
Code Board of Appeals shall serve as the Board of Appeals in conformity
with the requirements of the relevant provisions of the Uniform Construction
Code of the Commonwealth of Pennsylvania (UCC) and the International Property
Maintenance Code (IPMC), as adopted by the City of Monessen, as the
same may be amended from time to time, for the purposes set forth
therein. If at any time enforcement and administration is undertaken
jointly with one or more other municipalities, said Board of Appeals
shall be established by the joint action of the participating municipalities.
No members of City Council may serve as members of the Building Code
Board of Appeals.
B. The Board
of Appeals shall consist of seven members: six regular members and
one alternate, all of whom will be appointed by the Mayor, with confirmation
of a majority vote of City Council. The terms of appointment for the
regular members shall be one member to be appointed for five years,
one for four years, one for three years, one for two years, and two
for one year; and thereafter, each new regular member shall serve
for five years or until his successor has been appointed. The alternate
member shall be appointed for a term of one year.
C. Each member
shall be qualified by training and experience to pass upon matters
pertaining to building construction. One member shall be a registered
architect, one shall be a registered professional engineer whose experience
pertains to building construction, one shall be a competent builder,
one shall be the Chief of the Monessen Bureau of Fire, one shall be
a person knowledgeable in electricity and one shall be an interested
citizen of the City representing the public. The member knowledgeable
in electricity shall be present at all meetings when an appeal is
heard involving matters relating to the City Electrical Code. In addition,
one alternate shall be appointed who shall be, an engineer, builder
or architect with the qualifications set forth above. Each appointee
shall be a resident of or have their place of business in Westmoreland
County, Pennsylvania. Said members are not required to be residents
of the City of Monessen. The Board of Appeals shall be appointed to
serve with no salary, and any expenses incurred in connection with
such offices are to be paid by the City upon proper presentation of
bills.
D. A quorum
shall consist of four members. A majority vote of the members present
shall constitute an official action of the Board. If fewer than four
members are present, an appeal may be heard by the members of the
Board present if the appellant and the Code Enforcement Officer or
their representative consent. In such a case, the action taken shall
be considered an official action of the Board.
E. Any party
aggrieved by a decision of the Board of Appeals may appeal to the
Court of Common Pleas of Westmoreland County as provided by law.
F. Any owner
or landlord aggrieved by the action or decision of the Code Enforcement
Officer, excepting those matters that have become the subject of citations
and thereby have been submitted to the jurisdiction of the District
Magistrate for the City of Monessen, may take an appeal to the Building
Code Board of Appeals within 10 municipal working days from the date
of the action or decision being appealed. The Building Code Board
of Appeals shall convene a hearing as prescribed in this section.
G. All appeals
under this chapter must be made, in writing, to the Building Code
Board of Appeals and directed to them, via the Code Enforcement Department,
and addressed to the municipal building. Such appeals shall be made
in writing and received by the Building Code Board of Appeals as indicated
above no later than the 10th municipal business day from the date
the aggrieved decision is mailed. Said written appeal must specify
the decision that is being appealed and state the reason or reasons
therefor and specify any facts in support of said appeal. This written
appeal must be accompanied by a sworn affidavit. Also, the appeal
must be accompanied by a fee of $150, payable in advance to the City
of Monessen Treasurer, for each appeal taken, to cover the costs of
the notices of hearing, the hearing, and the cost of a stenographic
record of the hearing. This fee shall be refundable to the appellant
in such instances where the Building Code Board of Appeals reverses
the decision of the Code Enforcement Officer.
H. The Building
Code Board of Appeals shall schedule a hearing within 30 days after
a notice of appeal has been filed as stated above. The appellant or
his representative shall have the right to appear and be heard. Any
member of the Building Code Board of Appeals shall have the authority
to administer oaths to any person who is to give testimony at any
hearing before the Board. A stenographic record of the hearing shall
be made by the Building Code Board of Appeals; however, a transcript
of the proceeding shall only be made upon the payment for same, in
advance, by the appealing party. A written decision shall be made
by the Building Code Board of Appeals within 20 municipal business
days after the conclusion of said hearing. The decision of the Building
Code Board of Appeals on such appeals shall be in writing and contain
findings of fact and conclusions of law. Said decision shall be served
on the appellant and the Code Enforcement Officer. Service of said
decision can be made by personally handing a copy to the individuals
or by regular mail, postage prepaid.
I. Appeals
from the Board can be taken within 30 days of the date of the decision
of the Board to the Court of Common Pleas of Westmoreland County.
Said appeal to the Court of Common Pleas will be limited to the Court
reviewing the record made at the hearing given by the Building Code
Board of Appeals, and the scope of review shall be limited to whether
or not the Building Code Board of Appeals abused its discretion in
rendering its decision.
J. The Building
Code Board of Appeals can only be reversed by the Court of Common
Pleas of Westmoreland County if it is determined by said court that
the Appeals Board had in fact abused its discretion. Appeals beyond
the Court of Common Pleas of Westmoreland County shall be governed
by the applicable rules and laws pertaining to the same.
[Added 6-8-2021 by Ord.
No. 1238]
In case any work is performed by any person in violation of
any provision of this chapter, the proper office of the City, in addition
to other remedies, may institute in the name of the City an appropriate
action on proceeding, whether by legal process or otherwise, to prevent
such unlawful work and to restrain or abate such violation.
[Added 6-8-2021 by Ord.
No. 1238]
Any person, partnership, firm or corporation who violates this
chapter shall pay a fine of not more than $1,000, plus costs. Each
day that such condition continues to exist shall constitute a separate
offense. Further, any person, partnership, firm, or corporation who
shall fail or neglect to comply with written notice given by the City
shall be subject to an additional fine not to exceed $1,000, and each
day such condition continues to exist shall constitute a separate
offense.
[Added 6-8-2021 by Ord.
No. 1238]
The provisions of this chapter are declared to be severable,
and if any section, sentence, clause, or phrase of this chapter shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this chapter, but they shall stand notwithstanding
the invalidity of any part.
[Added 6-8-2021 by Ord.
No. 1238]
Any ordinance or part of ordinance conflicting with the provisions
of this chapter be, and the same is, hereby repealed to the extent
of such conflict.
[Added 6-8-2021 by Ord.
No. 1238]
This chapter shall come into effect immediately upon enactment.