[HISTORY: Adopted by the City Council of the City of Monessen 3-27-1974
by Ord. No. 4-1974. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 153.
Subdivision and land development — See Ch. 345.
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 municipality unless an approved permit has been obtained
from the designated city official.
For the purpose of this chapter, the following definitions shall apply:
Any rock, natural soil or fill and/or any combination thereof.
The mechanical removal of earth material.
The deposition of earth material.
Any excavating or filling or combination thereof.
Any person, persons, partnership, business or corporation.
Application for such permit shall be made in writing to the designated
city official on forms supplied by the municipality. Such application shall
contain at least the following:
B.Â
An identification and description of the work to be covered
by the permit for which application is made.
C.Â
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.Â
An estimate of the value of the proposed work.
E.Â
Such other information as reasonably may be required
by the designated city official.
The designated city 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 designated city 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 designated city official.
In addition to the permit, the designated city official shall issue
a placard which shall be displayed on the premises during the time the work
is in progress. This placard shall show the number of the permit, the day
of its issuance and be signed by the designated city 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 designated city official.
During the permitted work period, the designated city official or other
authorized 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
designated city official discovers that the work does not comply with the
permit application of any applicable laws and ordinances or that there has
been a false statement or misrepresentation by any applicant, the designated
city official shall revoke the permit and report such fact to the City Council
for whatever action it considers necessary.
Applications for a permit shall be accompanied by a fee as set forth
from time to time by resolution of the City Council, payable to the municipality,
based upon the estimated cost of the proposed work as determined by the designated
city official
Any person aggrieved by the designated city official's estimate
of the cost of the proposed work may appeal to the City Council. Such appeal
must be filed, in writing, within 30 days after the determination by the designated
city official. Upon receipt of such appeal, the City Council shall set a time
and place not less than 10 nor more than 30 days for the purpose of hearing
the appeal. Notice of the time and place of the hearing of the appeal shall
be given to all parties, at which time they may appear and be heard. The determination
of the estimated cost by the City Council shall be final in all cases.
A.Â
Any person who fails to comply with any or all of the
requirements or provisions of this chapter or who fails or refuses to comply
with any notice, order or direction of the designated city official or any
other authorized employee of the municipality shall, upon conviction thereof
in a summary proceeding before any District Justice having jurisdiction of
such offense, be sentenced to pay a fine of not more than $300 or to undergo
imprisonment not exceeding 90 days, or both. Each day during which any violation
of this chapter continues shall constitute a separate offense.[1]
B.Â
In addition to the above penalties all
other actions are hereby reserved including an action in equity for the proper
enforcement of this chapter. The imposition of a fine or penalty for any violation
of, or noncompliance with, this chapter 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 noncompliances within a reasonable
time. Any excavation, filling, and/or grading in noncompliance with this chapter
may be declared by the City Council to be a public nuisance and abatable as
such.
