There shall be a Zoning Officer/Building Inspector
who shall be appointed by the Borough Council and be responsible for
the administration and enforcement of this chapter. The Zoning Officer/Building
Inspector shall not hold any elected office in the Borough. The duties
of the Zoning Officer/Building Inspector shall include, but not be
limited to, the following:
A. Enforce all provisions of this chapter and all amendments
thereto.
B. Receive, examine, record and file all applications
and fees for building permits and issue building permits only for
any use which conforms to this chapter.
C. Refer applications for special exceptions and variances
to the Zoning Hearing Board.
D. Issue permits for construction of uses requiring a
special exception or variance only upon order of the Zoning Hearing
Board. Permits requiring approval by the Borough Council shall be
issued only after receipt of an authorization from the Borough Council.
E. Following refusal of a permit, to receive application
for interpretation, appeals and variances and forward these applications
to the Zoning Hearing Board for action thereon.
F. Conduct inspections and surveys to determine compliance
or noncompliance with the terms of this chapter.
G. Issue stop and cease-and-desist orders and order,
in writing, correction of all conditions found to be in violation
of the provisions of this chapter. Such written orders shall be served
personally or by certified mail upon persons, firms or corporations
deemed by the Zoning Officer/Building Inspector violating the terms
of this chapter. It shall be lawful for any person to violate any
such order lawfully issued by the Code Enforcement Officer, and any
person violating such order shall be guilty of a violation of this
chapter.
H. Keep an official record of all business and activities,
including complaints of a violation of any of the provisions of this
chapter and of the subsequent action taken on each such complaint.
I. Maintain or cause to have maintained a map or maps
showing the current zoning classification of all land in the Borough.
J. Identify and register all nonconforming uses and nonconforming
structures created as a result of the adoption of this chapter.
K. Issue use and occupancy permits in accordance with
the terms of this Article.
L. Upon request of the Borough Council, the Planning
Commission or the Zoning Hearing Board, present facts, records and
any similar information to such body on specific requests to assist
the Borough or boards in reaching their final decision or recommendation.
In addition to the requirements set forth in
the Borough of Prospect Park Building Code, the following shall apply: All applications for building
permits shall be made, in writing, by the landowner or his authorized
agent on forms furnished by the Borough and shall be accompanied by
a plot plan drawn to scale, showing the exact size and location of
any building or other structures existing on the lot in question and
upon abutting land within 50 feet of the side and rear lot line of
such lot and the lines within which the proposed building or other
structure shall be erected or altered. In addition, there shall be
included with the applications such other plans, documents and information
as may be necessary to enable the Code Enforcement Officer to ascertain
compliance with this chapter and all other pertinent ordinances, codes
and regulations.
In addition to the provisions set forth in the
Borough of Prospect Park Building Code, the following shall apply: No building permit shall be
issued until the Building Inspector has certified that the proposed
building, structure or alteration complies with the provisions of
this chapter and other applicable codes, regulations and ordinances,
including the highway entrance regulations of the Pennsylvania Department
of Transportation and/or the Borough. A building permit, once issued,
shall be posted on the property. Work shall commence within three
days of issuance of a permit. No permit shall be valid for longer
than one year. An extension can be applied for at the Borough office
and shall be valid for one year. Upon completion of the portion thereof
authorized by any building permit obtained in compliance with this
chapter and prior to use or occupancy, the holder of such permit shall
notify the Building Inspector of such completion.
All applications for use and occupancy permits
shall be made, in writing, by the landowner or his authorized agent
on forms furnished by the Borough and shall include all information
necessary to enable the Building Inspector to ascertain compliance
with this chapter.
No use and occupancy permit shall be issued
until the Building Inspector has certified that the proposed use complies
with all the provisions of this chapter and all other ordinances,
regulations and codes of the Borough of Prospect Park; provided, however,
that a temporary use and occupancy permit may be issued by the Building
Inspector for a period that he deems to be reasonable, but not to
exceed six months, during alterations or partial occupancy of a building
pending its completion, provided that such a temporary permit requires
any needed conditions and safeguards which will protect the safety
of the occupants and the public.
If the Building Inspector determines that an
application is in compliance with the provisions of this chapter,
it shall be his/her duty to issue the appropriate permit, and, if
he/she determines that an application is not in compliance with the
provisions of this chapter, it shall be his/her duty to refuse the
permit, in which case, he/she shall instruct the applicant in the
method of appeal or application to the Zoning Hearing Board or the
Borough Council, whichever is applicable. No permit shall be issued
to any applicant until any and all fees incurred which are payable
to the Borough are paid in full.
Any person, partnership or corporation who or
which has violated or permitted the violation of the provisions of
this chapter shall, upon being found liable therefore in a civil enforcement
proceeding, pay a judgment of not more than $500, plus all court costs,
including reasonable attorney's fees incurred as a result of such
violation. Such judgment shall be imposed, levied or payable on the
date of the determination of a violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the
municipality may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day that a violation continues shall constitute
a separate violation, unless the District Justice, determining that
there has been a violation, further determines that there has been
a good faith basis for the person, partnership or corporation violating
this chapter to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the District Justice, and, thereafter, each day a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney's fees collected for the violation of this chapter shall
be paid over to the Borough of Prospect Park.
All notices, hearings and orders shall be made
or shall occur in conformance with the provisions of this chapter
and the Pennsylvania Municipalities Planning Code, Act 247, as amended, copies of which are available for perusal in the Borough
office.