[Adopted 4-4-1988 by Ord. No. 33-H-4 (Ch.
1, Part 1, of the 1995 Code)]
A.
Applicable codes and ordinances. The term "applicable
codes and ordinances" and the enforcement thereof as referred to in
this as well as other sections of this article shall apply to those
codes and/or ordinances which are listed as follows:
(1)
Uniform Construction Code (35 P.S. §§ 7210.101
through 7210.1103).
[Added 4-22-2004 by Ord. No. 33-K-1A]
(2)
International Code Council (ICC) Building Code, 2006
Edition.
[Amended 12-14-2006 by Ord. No. 33-K-1.A; 12-17-2009 by Ord. No. 33-K-1.A
of 2009]
(3)
International Code Council (ICC) Residential Building
Code for One- and Two-Family Dwellings, 2006 Edition.
[Added 12-14-2006 by Ord. No. 33-K-2.A; amended 12-17-2009 by Ord. No.
33-K-2.A of 2009]
(4)
International Code Council (ICC) Plumbing Code, 2006
Edition.
[Amended 12-14-2006 by Ord. No. 33-K-4.A; 12-17-2009 by Ord. No. 33-K-4.A
of 2009]
(5)
International Code Council (ICC) Mechanical Code,
2006 Edition.
[Added 12-14-2006 by Ord. No. 33-K-5.A; amended 12-17-2009 by Ord. No.
33-K-5.A of 2009]
(6)
International Code Council (ICC) Electrical Code,
2006 Edition.
[Amended 12-14-2006 by Ord. No. 33-K-6.A; repealed 12-17-2009 by Ord.
No. 33-K-6.A of 2009]
(7)
International Code Council (ICC) Fire Prevention Code,
2006 Edition.
[Amended 12-14-2006 by Ord. No. 33-K-7.A; 12-17-2009 by Ord. No. 33-K-7.A
of 2009]
(8)
International Code Council (ICC) Fuel Gas Code, 2006
Edition.
[Added 12-14-2006 by Ord. No. 33-K-8.A; amended 12-17-2009 by Ord. No.
33-K-8.A of 2009]
(9)
International Code Council (ICC) Energy Conservation
Code, 2006 Edition.
[Added 12-14-2006 by Ord. No. 33-K-9.A; amended 12-17-2009 by Ord. No.
33-K-9.A of 2009]
(10)
International Code Council (ICC) Property Maintenance
Code, 2006 Edition.
[Amended 12-14-2006 by Ord. No. 33-K-10.A; 12-17-2009 by Ord. No. 33-K-10.A
of 2009]
A.
Creation of office of code enforcement. There is hereby created by the Board of Commissioners of the Township an office to be known as the "Office of Code Enforcement." Said office shall have the responsibility for administering and enforcing the provisions of this article and of those other codes and/or ordinances of the Township referred to as "applicable codes and ordinances" in § 100-1A of this article which designate said Office of Code Enforcement as their official administration and enforcement agency.
B.
Appointment of Code Enforcement Officer. There shall
be appointed, by the Board of Commissioners of the Township, a Code
Enforcement Officer who shall be in charge of the Office of Code Enforcement
of the Township. The Code Enforcement Officer shall supervise such
other employees or assistants as shall be necessary for the administration
and execution of the responsibilities of said office, as appointed
and approved by the Board of Commissioners. Said Code Enforcement
Officer, and other personnel, may consist of employees hired and compensated
by the Township.
C.
Fire Marshal. In accordance with the Fire Prevention Code (Article VIII of this chapter) of the Township, the Fire Marshal has been established as the authorized representative of the Office of Code Enforcement of the Township, having all of the duties for enforcement of the Fire Prevention Code of the Township provided for in this article. The Fire Marshal shall continue to serve in this capacity until such time as the Board of Commissioners declares otherwise.
D.
Relief from personal liability. The Code Enforcement
Officer or other official or employees shall not, while acting for
the Township, render himself liable personally because of any act
or omission as required or permitted in the discharge of his official
duties. Any suit instituted against such Code Enforcement Officer,
official or employee in the discharge of his duties shall be defended
by the Solicitor of the Township, and in no case will said officer,
official or employee be liable for costs in any action, suit or proceeding.
E.
Official record. An official record shall be kept
of all business and activities of the Office of Code Enforcement,
and all such records shall be open to the public for inspection at
all appropriate times, except that no individual, owner, operator,
occupant or other person shall be subject to unwarranted invasion
of privacy, and except that all evidence or information obtained in
the course of any inspection shall be kept confidential. Such evidence
or information shall not be disclosed, except as may be necessary
in the judgment of the Code Enforcement Officer for the proper and
effective administration and enforcement of the provisions of this
article, and shall not otherwise be made public without the consent
of the owner, occupant, operator or other person in charge of the
unit, structure or premises inspected.
A.
Enforcement by Code Enforcement Officer. The Code
Enforcement Officer shall enforce and administer all of the provisions
of this article and of those other applicable codes and ordinances
which establish the Office of Code Enforcement as their official administration
and enforcement agency.
B.
Duties of Code Enforcement Officer. The duties of
the Code Enforcement Officer shall include the receipt of applications;
the issuance of permits, notices, certificates and orders; the making
of inspections to determine conformance with applicable codes and
ordinances; the undertaking of systematic inspection programs; the
undertaking of searches and investigations; the recommendation of
appropriate administrative rules for review and adoption by the Code
Hearing Board; the keeping of records; the issuance of written annual
reports and such other activities as may be required.
C.
Right of entry.
(1)
In the discharge of his duties, the Code Enforcement
Officer or his authorized representative, upon showing proper identification
when requested, is hereby authorized to enter and inspect between
the hours of 9:00 a.m. and 4:00 p.m. any structure or premises in
the Township to enforce the provisions of this article and of those
other applicable codes and ordinances. The assistance and cooperation
of all other Township officials, including Police and Fire Departments,
shall be available to the Code Enforcement Officer to assist in the
performance of his duties and in securing right of entry.
(2)
The Code Enforcement Officer and the owner, operator
or occupant or other person in charge of any structure or premises
subject to the provisions of this article may agree to an inspection
by appointment at a mutually convenient time.
(3)
The owner, operator or occupant or other person in
charge of any structure or premises shall give the Code Enforcement
Officer entry and free access thereto and to every part of the structure
or to the premises surrounding the structure.
(4)
If any owner, operator or occupant or other person
in charge fails or refuses to permit entry and free access to the
structure or premises under his control or to any part thereof with
respect to any authorized inspection, the Code Enforcement Officer
may, upon a showing that probable cause exists for the inspection,
file a complaint and may petition for and obtain an order directing
compliance with the inspection requirements of this article from a
court of competent jurisdiction. Any person who refuses to comply
with such an order issued pursuant to this section shall be subject
to such penalties as may be authorized by law for violation of a court
order.
[Amended 3-23-1995 by Ord. No. 192]
A.
Permit required. An application for a permit shall
be required in accordance with the provisions of those applicable
codes and ordinances which the Office of Code Enforcement has the
responsibility to administer. Said application shall be submitted
in such form as may be prescribed by the Code Enforcement Officer
and shall be accompanied by any required fee.
B.
Action on application. The Code Enforcement Officer
shall examine said application to determine compliance with those
other applicable codes and ordinances of the Township and shall, within
90 days after filing, either approve or reject said application. If
said application is rejected, the Code Enforcement Officer shall inform
the applicant, in writing, stating the reasons for such rejection.
C.
Required fees. Applicants for permits required by
any of the following applicable codes and ordinances shall pay, at
the time of application to the Code Enforcement Officer, for use by
the Township, certain fees as established from time to time by resolution
of the Board of Commissioners.
D.
Time limit on application.
(1)
An application for a permit for any proposed work
shall be deemed to have been abandoned six months after date of filing
unless such application has been diligently prosecuted or a permit
shall have been issued; except that, for reasonable cause, the Building
Official may grant one or more extensions of time for additional periods
not exceeding 90 days each.
(2)
All permits granted under any of the above applicable
codes and ordinances shall be good for a period of one year, provided
that extensions may be granted by the Code Enforcement Officer for
good reason; except that any permit granted for demolition activities
shall be valid for three months only and, if such demolition work
is not completed within that time any bond posted by the applicant
shall be forfeited.
E.
Certificates. The following certificates shall be
required in accordance with the provisions of those other applicable
codes or ordinances which the Office of Code Enforcement has the responsibility
to administer. Said certificates may be issued separately or combined
in the form of a single certificate.
(1)
Certificate of use and occupancy. In accordance with
the provisions of said applicable codes and ordinances, no new building
or portion of an existing building which is enlarged or altered shall
be used or occupied in whole or in part until a final inspection is
made by the Code Enforcement Officer.
(2)
Certificate of approval. A certificate of approval
shall be required for any electrical or plumbing work completed under
the provisions of the applicable codes and ordinances. All applicants
shall apply to the Office of Code Enforcement for such a certificate
of approval within 30 days of the completion of the building structure,
work or premises.
(3)
Other certificates. Any other permits, certificates
or licenses, as required by the applicable codes and ordinances, shall
be obtained by the applicant in accordance with the provisions of
said applicable codes and ordinances. Application for such permits,
certificates or licenses shall be made to the Code Enforcement Officer.
[Amended 3-23-1995 by Ord. No. 192]
A.
Procedure in case of violations. Whenever the Code
Enforcement Officer determines that there are reasonable grounds to
believe that there has been a violation of any provision of this article,
or of the other applicable codes and ordinances, or of any rules and
regulations adopted pursuant thereto, he shall proceed as follows:
(1)
Serve notice in writing of the alleged violation,
which shall be signed by the Code Enforcement Officer or his authorized
representative. Said notice shall be served personally to the responsible
owner, occupant, operator or other person in charge or served by registered
mail with a return receipt requested or, where such responsible person
in charge cannot be found, service may be made by posting a notice
in or about the premises or by publishing such notice in a newspaper
of general circulation for a period of three consecutive days or served
by any other method authorized under the laws of the Commonwealth
of Pennsylvania.
(2)
Said notice shall include a statement of the reasons
why the notice is being issued, the sections of the code and/or ordinances
which have been violated and the remedial actions required.
(3)
Said notice shall allow a reasonable time, not to
exceed 60 days, for the initiation and correction of the violation
alleged or of the remedial actions required except where emergency
conditions exist which require immediate corrective action.
(4)
Said notice shall contain a statement indicating that
the notice will become an order if no request and approval of an extension
of time is made to the Code Enforcement Officer or if no petition
for an appeal or hearing is requested before the Code Hearing Board
within 15 days from the receipt of said notice.
(5)
The Code Enforcement Officer may grant a request for
a reasonable extension of time where he has evidence to believe that
the responsible person is attempting to remove the alleged violation.
However, no such extension of time may exceed a period of 90 days
unless authorized by the Code Hearing Board upon appeal of the responsible
owner, operator, occupant or other person in charge.
B.
Violations and penalties.
(1)
Any person who fails to correct a violation or institute
a remedial action as ordered by the Code Enforcement Officer or who
violates a provision or fails to comply with any requirements of this
article or of any of the other applicable codes or ordinances shall
be subject, for each violation, to a fine of not less than $50 nor
more than $1,000 and cost of prosecution and, in default of payment
of such fine and costs, to imprisonment not exceeding 30 days. Each
day's failure to comply with any such provision or requirement or
any such order shall constitute a separate offense.
(2)
The imposition of the penalties herein prescribed
shall not preclude the Solicitor representing the Township from initiating,
and he is hereby ordered to initiate, appropriate actions or proceedings
at law or in equity to effect the purposes of this article.
C.
Dangerous and unsafe conditions and structures and
dwellings unfit for human habitation. Structures which contain dwellings
which are unfit for human habitation or structures which are dangerous
or unsafe and structures which contain dangerous conditions or materials,
as defined by the applicable codes and ordinances of the Township,
are hereby declared to be a public nuisance.
(1)
General procedure. The Code Enforcement Officer shall
order the responsible owner, operator, occupant or person in charge
of the structure or premises which is dangerous, unsafe or unfit for
human habitation to vacate, repair and/or demolish said structure
and to remove the public nuisance as provided for in this article
and in the applicable codes and ordinances of the Township in accordance
with the laws of the Commonwealth of Pennsylvania.
(2)
Failure to comply. Whenever an order to vacate, repair
and/or demolish a structure which is a public nuisance because it
is unsafe, dangerous or unfit for human habitation has not been complied
with, the Code Enforcement Officer may, in accordance with the laws
of the Commonwealth of Pennsylvania, proceed to cause the structure
to be vacated, repaired and/or demolished or take such other action
as is necessary to abate the nuisance. Abatement under this section
shall not commence until at least 10 days after the service of the
order, except that the Code Enforcement Officer may determine that
more immediate action is required because of the special emergency
or dangerous condition which exist.
D.
The Code Enforcement Officer shall file on his records
an affidavit stating with fairness and accuracy the items and date
of the expenses incurred. The Board of Commissioners may institute
a suit to recover such expenses to be charged against the property
as a lien.
A.
Code Hearing Board. There is hereby established a
Code Hearing Board appointed by the Board of Commissioners, consisting
of not less than three members nor more than five members, who shall
serve without compensation but may be reimbursed for necessary reasonable
expenses. Their term of office shall be for three years, except for
those first appointed, so fixed that the term of office of at least
one member shall expire each year. Appointments to fill vacancies
shall be only for the unexpired portion of the term.
B.
Powers of the Code Hearing Board. The Code Hearing
Board shall have the following powers and duties:
(1)
Interpretation. On appeal from a determination of
the Code Enforcement Officer or on request of any Township official,
the Code Hearing Board shall decide any questions involving the interpretation
of any provision of this article or of those other applicable codes
and ordinances.
(2)
Variances. The Code Hearing Board may grant a variance
from the strict application of this article or of other applicable
codes. Such variances may be granted only in those cases which would
result in practical difficulty or unnecessary hardship and where the
public health and safety shall not be jeopardized.
(3)
Decide appeals. The Code Hearing Board shall hear
all appeals made to it and, depending on its findings, shall decide
whether such appeals shall be granted.
C.
Requests for appeals or variances. Any person requesting
a variance or aggrieved by a decision of the Code Enforcement Officer
or by any other employee or official charged with the administration
and enforcement of this article and of those other applicable codes
and ordinances may take an appeal to the Code Hearing Board. All appeals
shall be made in writing, stating the grounds upon which the appeal
is based, and shall be transmitted to the Office of Code Enforcement.
An appeal must be taken within 15 days of the action or of the receipt
of written notice of any decision or ruling which is being appealed.
D.
Appeals and variance procedure.
(1)
Public hearing. The Code Hearing Board shall meet
and conduct a hearing within 45 days of the receipt of an appeal or
a request for a variance. All hearings shall be public and all persons
whose interest may be affected shall be given an opportunity to be
heard. A record shall be kept of all evidence and testimony presented
at the hearing.
(2)
Decision of the Board. All decisions of the Board
shall be in writing and a copy of each decision shall be sent to the
applicant and the Code Enforcement Officer. The Code Hearing Board
shall also retain in its files a copy of each decision, which files
shall be available for inspection by the public. Each decision shall
set forth fully the reasons for the decision, and the Code Enforcement
Officer shall take immediate action to carry out said order.
E.
Appeals from the decision of the Code Hearing Board.
Any person aggrieved by any final order or decision of the Code Hearing
Board may appeal such order or decision within 30 days to the Court
of Common Pleas in accordance with, as far as practicable, the Rules
of Civil Procedure of the Supreme Court regarding appeals from administrative
agencies.
F.
Reports by the Code Hearing Board. The Code Hearing
Board shall report to the Board of Commissioners periodically, at
intervals of not less than 12 months. The report shall summarize all
applications and appeals made to it since the last report and shall
contain a summary of the Board's decision on each case. A copy of
the report shall be filed with the Code Enforcement Officer. The Code
Hearing Board may also submit to the Board of Commissioners advisory
reports recommending changes and modifications in this article or
in those other applicable codes or ordinances.
This article shall be known and may be cited
as the "Code Enforcement Ordinance of the Township."
