[Ord. 1579, 12/14/1987, § 1; as amended by Ord.
1799, 4/10/1995, § 1; and by Ord. 2079, 10/12/2010]
1. Applicable Codes and Ordinances. The term "applicable codes and ordinances"
and the enforcement thereof as referred to in this § 211,
as well as other Sections of this Part, shall apply to those codes
and/or ordinances which are listed below, or any subsequently enacted
or later edition of those Building Codes, as follows:
A. International Building Code, 2009 Edition, as amended, as published
by the International Code Council, Inc.
B. International Plumbing Code, 2009 Edition, as amended, as published
by the International Code Council, Inc.
C. International Construction Code Electrical Code – Administrative
Provisions, 2009 Edition, as amended, as published by the International
Code Council, Inc.
D. International Fire Prevention Code, 2009 Edition, as amended, as
published by the International Code Council, Inc.
E. International Property Maintenance Code, 2009 Edition, as amended,
as published by the International Code Council, Inc.
F. International Mechanical Code, 2009 Edition, as amended, as published
by the International Code Council, Inc.
G. International Residential Code, 2009 Edition, as amended, as published
by the International Code Council, Inc.
H. International Energy Code, 2009 Edition, as amended, as published
by the International Code Council, Inc.
I. International Fuel Gas Code, 2009 Edition, as amended, as published
by the International Code Council, Inc.
J. International Existing Building Code, 2009 Edition, as amended, as
published by the International Code Council, Inc.
[Ord. 1579, 12/14/1987, § 2; as amended by Ord.
2079, 10/12/2010]
1. Creation of Office of Code Enforcement. There is hereby created by the Mayor and Borough Council an office to be known as the "Office of Code Enforcement." Said office shall be responsible for administering and enforcing the provisions of Chapter
5 of this Code and of those other codes and/or ordinances of the Borough referred to as "applicable codes and ordinances" in § 211 of this Part, which designates said Office of Code Enforcement as their official administration and enforcement agency.
2. Appointment of Code Enforcement Officer. There shall be appointed,
by the Mayor and Borough Council, a Code Enforcement Officer who shall
be in charge of the Office of Code Enforcement of the Borough. 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
Mayor and Borough Council. Said Code Enforcement Officer, and other
personnel, may consist of employees directly hired and compensated
by the Borough.
3. Fire Marshal. In accordance with the Fire Prevention Code of the
Borough, the Fire Marshal of the Borough has been established as the
authorized representative of the Office of Code Enforcement of the
Borough, having all of the duties for enforcement of the Fire Prevention
Code of the Borough provided for in this Part. The Fire Marshal shall
continue to serve in this capacity until such time as the Mayor and
Borough Council declare otherwise.
[Ord. 1579, 12/14/1987, § 3; as amended by Ord.
2079, 10/12/2010]
1. Enforcement by Code Enforcement Officer. The Code Enforcement Officer
shall enforce and administer all of the provisions of this Part and
those other applicable codes and ordinances which establish the Office
of Code Enforcement as their official administration and enforcement
agency.
2. Duties of Code Enforcement Officer. In addition to the duties set
forth in the applicable codes and ordinances, 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, and
such other activities as may be required.
[Ord. 1579, 12/14/1987, § 4; as amended by Ord.
1698, 5/11/1992, § 1; by Ord. 1735, 4/12/1993; by Ord. 1799,
4/10/1995, § 2; by Ord. 1965, 5/12/2003, § 1;
and by Ord. 2079, 10/12/2010]
1. 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.
2. Action on Application. The Code Enforcement Officer shall examine
said application to determine compliance with those other applicable
codes and ordinances of the Borough and shall, either approve or reject
said application within the time frame as prescribed by law.
3. Required Fees. Applicants for permits required by any of the applicable
codes and ordinances shall pay, at the time of application, to the
Code Enforcement Officer, for use by the Borough, the fees prescribed
therefor, as established from time to time by resolution.
4. Certificates. In addition to all certificates that shall be required
under applicable codes and ordinances, the following certificates
shall be required, which may be issued separately or combined in the
form of a single certificate.
A. Certificate of Use and Occupancy. In accordance with the International
Building Code, 2009 Edition, 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
in part until such certificate of use and occupancy shall have been
issued by the Code Enforcement Officer. In addition, a certificate
of use and occupancy shall be required pursuant to the applicable
provisions of the International Property Maintenance Code, 2009 Edition,
as amended.
[Ord. 1579, 12/14/1987, § 5; as amended by Ord.
1705, 10/12/1992, § 1; by Ord. 1799, 4/10/1995, § 3;
by Ord. 1913, 2/12/2001, §§ 3, 4; by Ord. 1965, 5/12/2003,
§ 2; and by Ord. 2079, 10/12/2010]
1. Procedure in Case of Violations. With the exception of any violations
pertaining to inspection of property transfers or reoccupancy of rental
units for which no notices are required, and with the exception of
any violations pertaining to snow removal from sidewalks, abandoned
motor vehicles, the cutting of grass and weeds, or the improper accumulation
and/or disposal of trash, refuse or garbage, which notice shall be
effectuated by posting the property as set forth in Subsection A below,
whenever the Enforcement Officer determines that there are reasonable
grounds to believe there has been a violation of any provisions of
this Part, or any other applicable codes and ordinances, the Code
Officer shall follow the procedure set forth in that specific applicable
code in order to provide notice of the alleged violation and allow
the period of time no less three days and no more than 60 days for
the initiation and correction of the alleged violation or of the remedial
action required, except where emergency conditions exist that require
immediate correction, or where a property or rental unit is occupied
without a permit.
A. For snow removal from sidewalks, for abandoned motor vehicles, for
improper accumulation and/or disposal of trash, refuse and garbage,
and/or the cutting of grass and weeds, the Code Officer shall post
a notice at a prominent location in or about the structure or premises.
Said notice shall be signed by the Code Enforcement Officer or his
representative with the nature of the alleged violation, the section
of the Code or ordinance violated, the time within to correct such
violation prior to the Borough either issuing a citation and/or correcting
the violation and liening the property. The failure of the property
owner to abate the violation within the time period required shall
entitle the Borough to correct the violation and/or issue a citation
against the responsible party.
B. Chronic offender property shall be any property that has received
two or more prior property maintenance citations of any nature within
any twelve-month period. For any chronic offender property, no written
notice of the alleged violation shall be required and no time period
need be given to correct the violation. The Code Enforcement Officer,
upon determination of a property maintenance code violation, may immediately
issue a citation and proceed to prosecute the violation before the
District Justice.
2. Penalties.
A. 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 the requirements of any of the
provisions of the applicable codes or Ordinances shall be subject,
for each violation, to a fine as set forth in the applicable code
or ordinance or in default of payment of such fine and costs, to imprisonment
not exceeding 30 days, and each day's failure to comply with any such
provision or requirement or any such order shall constitute a separate
offense. Where the applicable code does not contain a penalty for
violation, the fine shall be not less than $50 nor more than $1,000,
plus costs of prosecution.
B. The imposition of the penalties herein prescribed shall not preclude
the Solicitor representing the Borough from initiating, and he is
hereby ordered to initiate, appropriate actions or proceedings at
law, or in equity, to effect the purposes of this Part.
[Ord. 1579, 12/14/1987, § 6; as amended by Ord.
1799, 4/10/1995, §§ 4-8; by Ord. 1829, 9/9/1996, § 1;
by Ord. 1965, 5/12/2003, § 3; and by Ord. 2079, 10/12/2010]
1. Board of Appeals. There is hereby established a Board of Appeals
according to law, which shall operate as an appeal board under and
the subject to the procedure set forth in the applicable codes and
ordinances.
[Ord. 1579, 12/14/1987, § 7; as amended by Ord.
2079, 10/12/2010]
This Part shall be known and may be cited as the "Code Enforcement
Ordinance of the Borough of Pottstown."