[HISTORY: Adopted by the Borough Council of the Borough of
Green Tree as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-3-1982 by Ord. No. 1994 (Sections 202.03 and
202.99 of the 1982 Code)]
In the construction of the Code of the Borough of Green Tree,
the following rules and definitions shall control, except those that
are inconsistent with the manifest intent of Council as disclosed
in a particular provision, section or chapter.
A.
ADMINISTRATIVE SERVICE
ADOPTING ORDINANCE
AUTHORITY
BOROUGH and MUNICIPALITY
BOROUGH CODE
BUDGET
CALENDAR-COMPUTATION OF TIME
CHARTER
CONTRACT ADMINISTRATION
COUNCIL
COUNTY
ENGINEER
JOINT AUTHORITY
KEEPER and PROPRIETOR
LAND AND REAL ESTATE
LAW
MANAGER
MAYOR
OATH
ORDINANCE
OWNER
PERSON
PREMISES
PROPERTY
REASONABLE TIME
SIDEWALK
SOLICITOR
STATE and COMMONWEALTH
STREET
TENANT and OCCUPANT
TIME
Definitions
of terms:
All departments and the personnel thereof established by
the Borough Charter or ordinance.
The ordinance of the Borough adopting the Code of the Borough of Green Tree, Pennsylvania, in conformity with the Borough Code of Pennsylvania and Article II of this chapter.
[Amended 6-6-2011 by Ord. No. 1662]
Whenever in the Code authority is given to an officer or
an act is required to be performed, such authority may be exercised
and such act may be performed, at the instance of such officer, by
a deputy or subordinate, unless contrary to law or to the clear intent
of any such particular provision.
The Borough of Green Tree, Pennsylvania.
The Act of the General Assembly No. 581, passed February
1, 1966, P.L. 1656, as amended.
The annual budget of the Borough.
The calendar month or year. The time expressed in days within
which an act is to be done or a period is to expire shall be computed
by excluding the first and including the last day, unless the last
day is a Sunday, in which case it shall be excluded. If time is expressed
in hours, the whole of Sunday shall be excluded.
The Home Rule Charter of the Borough.
The management of the execution of contracts between the
Borough and any individual, partnership, association, corporation
or governmental body.
The Council of the Borough of Green Tree, Pennsylvania.
The County of Allegheny, Pennsylvania.
The Engineer of the Borough.
Words giving authority to a board, commission, authority
or to three or more officers or employees or other persons shall be
construed as giving authority to a majority thereof, unless otherwise
specifically provided.
Persons, firms, associations, corporations, clubs and copartnerships,
whether acting by themselves or as a servant, agent or employee.
Includes rights and easements of an incorporeal nature.
All applicable laws and ordinances of the United States of
America, the Commonwealth of Pennsylvania and the County of Allegheny.
The Borough Manager.
The Mayor of the Borough.
Includes affirmation. When an oath is required or authorized
by law, an affirmation in lieu thereof may be taken by a person having
conscientious scruples about taking an oath. An affirmation shall
have the same force and effect as an oath.
Any ordinance of the Borough, including this Administration
Code.
When applied to property, includes a part owner, joint owner
or tenant in common of the whole or any part of such property.
An individual, association, club, corporation, firm, partnership
or body politic.
When used as applicable to property, extends to and includes
land and buildings.
Includes real and personal property and any mixed and lesser
estates or interests therein. "Personal property" includes every kind
of property except real property; "real property" includes lands,
tenements and hereditaments.
In all cases where provision is made for an act to be done
or notice to be given within a reasonable time, it shall be deemed
to mean such time only as may be necessary for the prompt performance
of such act or the giving of such notice.
Any portion of a street between the curbline and the adjacent
property line intended for the use of pedestrians, excluding parkways.
The Solicitor of the Borough.
The Commonwealth of Pennsylvania.
Alleys, avenues, boulevards, lanes, roads, streets, state
highways and other public ways in the Borough.
As applied to buildings or land, shall extend and be applied
to any person holding a written or oral lease of, or who occupies
the whole or any part of, a building or land, alone or with others.
Whenever any time established in the Code for the taking
of any action expires on a Sunday or legal holiday, such time shall
not expire on such day but shall expire on the next weekday.
B.
CONJUNCTIONS
GENDER
GENERAL RULE
NUMBER
TENSES
Word usage
rules:
"And" includes "or" and "or" includes "and," if the sense
so requires.
Words importing the masculine shall extend and be applied
to the feminine and neuter genders.
Except as otherwise provided in this section, words and phrases
shall be construed according to the common usage of the language;
provided, however, that technical words and phrases and such others
as may have acquired a special meaning in the law shall be construed
according to such technical or special meaning.
Words in the plural include the singular and words in the
singular include the plural number.
The use of any verb in the present tense includes the future.
A.
Whoever
violates or fails to comply with any of the provisions of this Code
relating to building, housing, property maintenance, health, fire
or public safety, or relating to water, air or noise pollution, including
any provision of any standard, technical or other code adopted by
reference in this Code, and including any rule or regulation promulgated
under authority of any such standard, technical or other code adopted
by reference in this Code, or under authority of any other provision
of this Code, or under authority of state law, for which no penalty
is otherwise provided, shall be fined not more than $1,000. For a
violation of or noncompliance with any other provision of this Code,
the offender shall be fined not more than $600. In default of the
payment of any such fine and costs, the offender may be imprisoned
for not more than five days in the Borough Lockup, or not more than
30 days in the County Jail or Workhouse, for each offense. Unless
otherwise provided, a separate offense shall be deemed committed each
day during or on which a violation or noncompliance occurs or continues.
The penalty provided for herein shall be in addition to any fee, deposit,
charge, surcharge, interest, insurance or bond requirement or equitable
remedy provided in this Code, or in any standard, technical or other
code adopted by reference in this Code, or in any rule or regulation
promulgated under authority of any such standard, technical or other
code adopted by reference in this Code, or under authority of any
other provision of this Code, or under authority of state law.
B.
Every
person who commits or aids or abets in the commission of any act declared
in this Code or in any other ordinance of the Borough to be an offense,
whether individually or in connection with another person, or as principal,
agent or accessory, shall be guilty of such offense. Every person
who falsely, fraudulently, forcibly or willfully induces, causes,
coerces, requires, permits or directs another to violate any provision
of this Code or any other ordinance of the Borough shall likewise
be guilty of such offense.
[Adopted 6-6-2011 by Ord. No. 1662]
Pursuant to Section 1008(b) of the Borough Code [53 P.S. § 46008(b)], the codification of a complete body of legislation for the Borough of Green Tree, County of Allegheny, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code, and consisting of Chapters 1 through 420, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Green Tree, which shall be known and is hereby designated as the "Code of the Borough of Green Tree," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Borough Council of the Borough of Green Tree, and it is the intention of said Borough Council that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-5 below, and only changed provisions, as described in § 1-8 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 1-17 below.
All ordinances or parts of ordinances of a general and permanent nature adopted by the Borough of Green Tree and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 1-17 below, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-5 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal; provided, however, that the repeal of ordinances pursuant to § 1-5 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:
A.
Any
ordinance adopted subsequent to 1-3-2011.
B.
Any
right or liability established, accrued or incurred under any legislative
provision of the Borough prior to the effective date of this ordinance
or any action or proceeding brought for the enforcement of such right
or liability or any cause of action acquired or existing.
C.
Any
offense or act committed or done before the effective date of this
ordinance in violation of any legislative provision of the Borough
or any penalty, punishment or forfeiture which may result therefrom.
D.
Any
prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this ordinance,
brought pursuant to any legislative provision of the Borough.
E.
Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Borough or any lawful contract, obligation or
agreement.
F.
Any
ordinance appropriating money or transferring funds, promising or
guaranteeing the payment of money or authorizing the issuance and
delivery of any bond of the Borough or other instruments or evidence
of the Borough's indebtedness.
G.
Any
ordinance adopting an annual budget or establishing an annual tax
rate.
H.
Any
ordinance providing for the levy, imposition or collection of special
taxes, assessments or charges.
I.
Any
ordinance authorizing the purchase, sale, lease or transfer of property
or acquiring property by acceptance of deed, condemnation or exercise
of eminent domain.
J.
Any
ordinance annexing land to the Borough.
K.
Any
ordinance providing for or requiring the construction or reconstruction
or opening of sidewalks, curbs and gutters.
L.
Any
ordinance or part of an ordinance providing for laying out, opening,
altering, widening, relocating, straightening, establishing grade,
changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, sidewalk, park or other public place
or property or designating various streets as public highways.
M.
Any
ordinance establishing water, sewer or other special purpose districts
and designating the boundaries thereof; providing for a system of
sewers or water supply lines; or providing for the construction, extension,
dedication, acceptance or abandonment of any part of a system of sewers
or water supply lines.
N.
Any
ordinance providing for the making of public improvements.
O.
Any
ordinance providing for the salaries and compensation of officers
and employees of the Borough or setting the bond of any officer or
employee.
P.
Any
ordinance concerning changes and amendments to the Zoning Map.
Q.
Any
ordinance relating to or establishing a pension plan or pension fund
for municipal employees.
R.
Any
ordinance or portion of an ordinance establishing a specific fee amount
for any license, permit or service obtained from the Borough.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-6A and/or prior to the date of adoption of this ordinance are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such ordinances shall be temporarily placed in the Code until printed supplements are included.
A.
Nonsubstantive
grammatical changes. In compiling and preparing the ordinances and
resolutions of the Borough for adoption and revision as part of the
Code, certain nonsubstantive grammatical and style changes were made
in one or more of said ordinances. It is the intention of the Borough
Council that all such changes be adopted as part of the Code as if
the ordinances and resolutions so changed had been previously formally
amended to read as such.
B.
Nomenclature has been updated. "Justice of the Peace," "District Magistrate" or "District Justice" is changed to "Magisterial District Judge." "Department of Community Affairs" is changed to "Department of Community and Economic Development." "Department of Environmental Resources" is changed to "Department of Environmental Protection." In Chapter 170, "Building Permit Officer" is changed to "Code Official." In many instances, reference to the "Building and Housing Code" is revised to "Uniform Construction Code."
C.
Substantive changes and revisions. In addition to the changes and revisions described above, changes and revisions of a substantive nature, as set forth in Schedule A attached hereto and made a part hereof, are hereby made to various ordinances and resolutions included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the Borough Council, and it is the intent of the Borough Council that all such changes be adopted as part of the Code as if the ordinances and resolutions so changed had been previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in § 1-17.[1]
[1]
Editor's Note: In accordance with § 1-8C, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 6-6-2011 by Ord. No. 1662." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.
In interpreting and applying the provisions of the Code, they
shall be held to be the minimum requirements for the promotion of
the public health, safety, comfort, convenience and general welfare.
Where the provisions of the Code impose greater restrictions or requirements
than those of any statute, other ordinance, resolution or regulation,
the provisions of the Code shall control. Where the provisions of
any statute, other ordinance, resolution or regulation impose greater
restrictions or requirements, the provisions of such statute, other
ordinance, resolution or regulation shall control.
A.
Chapter and article titles, headings and titles of sections and other
divisions in the Code or in supplements made to the Code are inserted
in the Code and may be inserted in supplements to the Code for the
convenience of persons using the Code and are not part of the legislation.
B.
Editor's notes indicating sources of sections, giving other
information or referring to the statutes or to other parts of the
Code are inserted in the Code and may be inserted in supplements to
the Code for the convenience of persons using the Code and are not
part of the legislation.
At least one copy of the Code in a post-bound volume shall be
filed with the Ordinance Book in the office of the Borough Secretary
and shall remain there for use and examination by the public. Upon
adoption, such copy or copies shall be certified to by the Borough
Secretary, as provided by law, and such certified copy or copies shall
remain on file in the office of the Borough Secretary, available to
persons desiring to examine the same during all times while said Code
is in effect.
Any and all additions, deletions, amendments or supplements
to the Code, when passed and adopted in such form as to indicate the
intention of the Borough Council to be a part thereof, shall be deemed
to be incorporated into such Code so that reference to the Code shall
be understood and intended to include such changes. Whenever such
additions, deletions, amendments or supplements to the Code shall
be adopted, they shall thereafter be printed and, as provided hereunder,
inserted in the post-bound book containing said Code as amendments
and supplements thereto.
It shall be the duty of the Borough Secretary or someone authorized
and directed by him or her to keep up-to-date the certified copy or
copies of the book containing the Code required to be filed in the
office of the Borough Secretary for the use of the public. All changes
in said Code and all ordinances and resolutions adopted by the Borough
Council subsequent to the effective date of this codification which
the Borough Council shall adopt specifically as part of the Code shall,
when finally adopted, be included therein by reference until such
changes or new ordinances or resolutions are printed as supplements
to said Code books, at which time such supplements shall be inserted
therein.
The Borough Secretary, pursuant to law, shall cause to be published
in the manner required a notice of the introduction and of the adoption
of the Code in a newspaper of general circulation in the Borough.
The enactment and application of this ordinance, coupled with the
publication of the notices of introduction and adoption, as required
by law, and the availability of a copy or copies of the Code for inspection
by the public, shall be deemed, held and considered to be due and
legal publication of all provisions of the Code for all purposes.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, or to alter or tamper with the Code or
any part or portion thereof, in any manner whatsoever, which will
cause the law of the Borough to be misrepresented thereby. Anyone
violating this section of this ordinance shall, upon conviction thereof,
be punished by a fine not exceeding $600, plus costs of prosecution,
and, in default of payment thereof, by imprisonment for a term not
exceeding 30 days.
The provisions of this ordinance and of the Code adopted hereby
are severable, and if any clause, sentence, subsection, section, article,
chapter or part thereof shall be adjudged by any court of competent
jurisdiction to be illegal, invalid or unconstitutional, such judgment
or decision shall not affect, impair or invalidate the remainder thereof
but shall be confined in its operation and application to the clause,
sentence, subsection, section, article, chapter or part thereof rendered
illegal, invalid or unconstitutional. It is hereby declared to be
the intent of the Borough Council that this ordinance and the Code
would have been adopted if such illegal, invalid or unconstitutional
clause, sentence, subsection, section, article, chapter or part thereof
had not been included therein.
All provisions of this ordinance and of the Code shall be in
force and effect on and after June 6, 2011.