[HISTORY: Adopted by the Borough Council of the Borough of Masontown 9-25-1990, approved 9-25-1990. Amendments noted where applicable.]
There is hereby created by the Borough Council of the Borough of Masontown an Office of the Borough of Masontown, to be known as the "Office of Code Enforcement." Said Office shall have the responsibility for administering and enforcing the provisions of this chapter and of those other codes and/or ordinances of the Borough of Masontown (hereinafter referred to as the "applicable codes and ordinances") which designate said Office of Code Enforcement as their official administration and enforcement agency.
There shall be appointed by the Borough of Masontown a Code Enforcement Officer who shall be in charge of the Office of Code Enforcement of the Borough of Masontown. The Code Enforcement Officer shall supervise such other employees or assistants, if any, as shall be necessary for the administration and execution of the responsibilities of said Office.
The Code Enforcement Officer or other official or employee shall not, while acting for the Borough of Masontown, 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 because of any act performed by him in the lawful discharge of his duties shall be defended by the Solicitor of the Borough of Masontown, and in no case will said Officer, official or employee be liable for costs in any action, suit or proceeding.
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.
The Code Enforcement Officer shall enforce and administer all of the provisions of this chapter and of those other applicable codes and ordinances which establish the Office of Code Enforcement as their official administration and enforcement agency.
Right of entry.
In such discharge of his duties, the Code Enforcement Officer or his authorized representative shall, upon showing proper identification, have the authority to enter, at any reasonable hour, any structure or premises in the Borough of Masontown to enforce the provisions of this chapter and of those other applicable codes and ordinances. The assistance and cooperation of all other municipal officials, including the police, shall be available to the Code Enforcement Officer to assist in the performance of his duties and in securing right of entry.
The owner, operator or occupant or other person in charge of any structure or premises shall give the Code Enforcement Officer free access thereto, and it shall be unlawful to refuse or impede entrance of the Code Enforcement Officer to said structure or premises for the purpose of making any required inspection.
If any such owner, operator or other occupant or other person in charge refuses or impedes any required or lawful inspection, the Borough of Masontown may seek, in a court of competent jurisdiction, an order that such owner, operator, occupant or person in charge shall cease and desist with such interference.
The following certificates, permits or licenses shall be required in accordance with the provisions of those other applicable codes and ordinances which the Office of Code Enforcement has the responsibility to administer:
In accordance with the BOCA Basic Building Code, a certificate of use and occupancy shall be required, and no new building or portion of an existing building, which is enlarged or altered, shall be used or occupied, in whole or part, until such certificate of use and occupancy shall have been issued by the Code Enforcement Officer.
In accordance with the BOCA Basic Building Code, 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 completion of the building, work or premises.
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. Applications for such permits, certificates or licenses shall be made to the Code Enforcement Officer.
Whenever the Code Enforcement Officer determines that there is or has been a violation of any provision of this chapter or of other applicable codes and ordinances or of any rule or regulation adopted pursuant thereto, he shall give notice to the owner, operator, occupant or other responsible person, as the case may be, of such determined violation. Said notice shall be in writing, signed by the Code Enforcement Officer, and shall include the following:
A statement of the determined violation and the action or actions necessary for compliance.
A reasonable period of time, as determined by the Code Enforcement Officer, but not less than 10 days' notice, for correction of the determined violation or violations unless, in the opinion of the Code Enforcement Officer, an emergency condition exists or the violation or violations constitute an immediate threat to the health, safety or welfare of any individual or individuals.
Any person who fails to correct a violation or take a remedial action as ordered by the Code Enforcement Officer or who violates a provision or fails to comply with any requirement of this chapter or of any of the other applicable codes and ordinances shall be liable, upon conviction, to pay a fine of not less than $25 nor more than $300, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment not exceeding 30 days for each and every day the violation exists, which shall be determined to be a separate violation, at the discretion of the District Justice or the Court of Common Pleas of Fayette County.
Any prosecution for violation of this chapter shall be brought in the name of Masontown Borough before the District Justice, and all fines and penalties shall be paid to the Secretary or Treasurer of Masontown Borough and applied to the general funds of Masontown Borough to pay operating costs.
The remedies as set forth herein shall not be exclusive, and the Borough of Masontown shall have the right to avail itself of any other remedy at law or equity which it may deem to be appropriate.