[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.
A.
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.
B.
Right of entry.
(1)
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.
(2)
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.
C.
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.
A.
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:
(1)
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.
(2)
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.
B.
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.
A.
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:
(1)
A statement of the determined violation and the action or actions
necessary for compliance.
(2)
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.
B.
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.
