[Ord. 641, 10/9/1978; as amended by Ord. 841, 12/19/2001]
1.
Creation of Office of Code Enforcement. There is hereby created by
the Council of the Town an office of the Town to be known as the "Office
of Code Enforcement." Said office shall have the responsibility for
administering and enforcing the provisions of this Part and of those
other code and/or ordinances of the Town (hereinafter referred to
as the "applicable codes and ordinances") which designate said Office
of Code Enforcement as their official administration and enforcement
agency.
2.
Appointment of Code Enforcement Officer. There shall be appointed
by the Council of the Town, a Code Enforcement Officer who shall be
in charge of the Office of Code Enforcement of the Town. 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
Council of the Town. Said Code Enforcement Officer and other personnel
may consist of employees directly hired and compensated by the Town.
3.
Relief From Personal Liability. The Code Enforcement Officer or other
official or employee shall not, while acting for the Town, 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 Town and in no case will
said officer, official or employee be liable for costs in any action,
suit or proceeding.
4.
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 considered privileged information and 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 Part 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.
[Ord. 641, 10/9/1978; as amended by Ord. 749, 7/6/1992, §§ 1,
2]
1.
Purpose of Code Enforcement Officer. The Code Enforcement Officer
shall enforce and administer all of the provisions of this Part and
of those other applicable codes and ordinances which established the
Office of Code Enforcement as their official administration and enforcement
agency.
2.
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
research and investigations, the recommendation of appropriate administrative
rules for review and adoption by the Town Council, the keeping of
records, the issuance of written annual reports and such other activities
as may be required.
[Amended by Ord. No. 1007, 6/22/2020]
3.
Right to Entry. 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, at any
reasonable hour, any structure or premises in the Town to enforce
the provisions of this Part and of those other applicable codes and
ordinances. The assistance and cooperation of all other municipal
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.
A.
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 Part may agree to an inspection by appointment
at a mutual convenient time.
B.
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.
C.
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 Part 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.
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Without limitation of any of the foregoing, the Code Enforcement
Officer or in instances where he or she has jurisdiction pursuant
to the Part, the fire chief, shall be authorized to request from a
district justice having jurisdiction a search warrant. Such as search
warrant may be requested in any instance in which the owner, operator,
occupant or other person in charge fails or refuses to permit entry
and free access to the structure or premises under his or her control
or to any part thereof, with respect to any authorized inspection
and the Code Enforcement Officer or the fire chief, as the case may
be, deems it necessary to gain entry and free access to said structure
or premises in order to properly and adequately carry out his duties
under this Part.
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4.
Recording of Enforcement Orders, Etc. The Code Enforcement Officer,
within his or her discretion, may require the owner of property against
whom an enforcement order is issued or upon whom conditions relating
to the property or its use are imposed by the Zoning Hearing Board
or the Code Hearing Board of the Town of Bloomsburg, to record in
the Office of the Columbia County Recorder of Deeds, a memorandum
of any such order, condition or decree. Such memorandum, when so recorded,
shall run with the land. When the Code Enforcement Officer requires
such recording, it shall be the property owner's duty to execute
and record, at his, her or its expense the memorandum, which shall
be prepared and provided by the Town. At a subsequent date when it
appears to the satisfaction of the Code Enforcement Officer that the
matter, condition, violation, etc., with respect to which the memorandum
was recorded has been fulfilled, completed, corrected, abated or rendered
moot, as the case may be, the Code Enforcement Officer shall record
another memorandum stating such fact. In every case in which a memorandum
is recorded pursuant hereto, the memorandum shall be structured in
such a way and, the Recorder of Deeds shall be so instructed, to keep
a record of the recording of the memorandum with the name of the property
owner in the Direct Index and with the name of the Town of Bloomsburg
in the Indirect Index.
[Ord. 641, 10/9/1978; as amended by Ord. 694, 8/10/1987,
§ 1; and by Ord. 836, 9/10/2001, § 1]
1.
Permit Required. An application for a permit 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. 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.
If the application for a building permit is in proper form, the Code
Enforcement Officer shall examine the application to determine compliance
with all applicable codes and ordinances of the Town of Bloomsburg
and shall render a decision either approving or disapproving the application
for a permit within 15 business days from the filing of a residential
permit application or within 30 business days from the filing of a
commercial permit application, unless the applicant has agreed to
an extension of time, in writing, setting forth a specific time period
within which the decision on the permit is to be made.
[Amended by Ord. No. 1007, 6/22/2020]
3.
Required fee; term of permits.
[Amended by Ord. No. 1007, 6/22/2020]
A.
Applicants for permits required by any applicable codes and ordinances
shall pay, prior to the release of the permit or certificate by the
Code Enforcement Officer, for use by the Town, fees as established
by resolution of Town Council from time to time.
B.
All permits granted through the Pennsylvania Construction Codes Act,
Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103,
as amended from time to time, and its regulations, shall be valid
for a period of one year, provided that extensions may be requested
in writing, and such extensions may be granted for demolition activities,
which shall be valid for six months only, and if such demolition work
is not completed within that time, any bond posted by the applicant
shall be forfeited.
4.
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.
A.
Certificate of Use and Occupancy. In accordance with § 120.0
of the BOCA National 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
in part, until such certificate of use and occupancy shall have been
issued by the Code Enforcement Officer.
B.
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.
C.
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
code and ordinances. Application for such permits, certificates or
license shall be made to the Code Enforcement Officer.
[Ord. 641, 10/9/1978; as amended by Ord. 800, 11/10/1997,
§§ 1,2]
1.
If a property owner or assigned agent fails to appear at a scheduled
inspection by the Code Enforcement Officer, the property owner shall
be responsible for paying the reasonable costs incurred by the Town
of Bloomsburg as a result of the missed appointment, unless the Code
Enforcement Officer of the Town of Bloomsburg is notified no less
than three hours before the scheduled appointment that the inspection
cannot take place for good cause. Failure to demonstrate good cause
for the cancellation of an appointment shall constitute a violation
of this Part and shall be presumed to be a refusal to permit an inspection
for purposes of this and other ordinances of the Town of Bloomsburg.
[Amended by Ord. No. 1007, 6/22/2020]
2.
If a property is owned by more than one person and a property owner
or assigned agent fails to appear at a scheduled inspection, all property
owners shall be jointly and severally responsible for paying the reasonable
costs incurred by the Town of Bloomsburg resulting from the missed
appointment.
3.
All notices mailed first class in the United States mail, in the
routine course of business, to the last known address of the property
owner or owners or their assigned agent are presumed to have been
received.
4.
The failure to pay such costs incurred by the Town of Bloomsburg within 30 days of being notified to do so shall constitute a violation of this Part and will subject the property owner or owners to the penalties set forth in § 5-107 below. No permit or license under any ordinance of the Town of Bloomsburg shall be issued to the property owner or owners if such costs are not paid within 30 days after being notified to do.
5.
Reasonable costs incurred by the Code Enforcement Officer of the
Town of Bloomsburg when a property owner or agent misses an appointment
for inspection will be a fee as set by resolution of Town Council
from time to time.
[Added by Ord. No. 1007, 6/22/2020]
[Ord. 641, 10/9/1978]
1.
Code Hearing Board. There is hereby a Code Hearing Board, to be appointed
by the Council of the Town, consisting of not less than three members
nor more than five members who shall serve without compensation, but
may be reimbursed for necessary and 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.
2.
Powers of the Code Hearing Board. The Code Hearing Board shall have
the following powers and duties:
A.
Interpretation. On appeal from a determination of the Code Enforcement
Officer or on request of any Town Official, the Code Hearing Board
shall decide any questions involving the interpretation of any provision
of this Part or of those other applicable codes and ordinances.
B.
Variances. The Code Hearing Board may grant a variance from the strict
application of this Part or of those 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.
C.
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.
3.
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 Part and of those other Applicable Codes or 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 repealed.
4.
Appeals and Variance Procedure.
A.
Public Hearing. The Code Hearing Board shall meet and conduct a hearing
within 30 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.
B.
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 to
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 of the Code Hearing Board and the findings
of fact on which the decision was based. The Code Hearing Board shall
make an order on its decision and the Code Enforcement officer shall
take immediate action to carry out said order.
5.
Appeals from the Decision of the Code Hearing Board. Any person or
persons 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.
6.
Reports by the Code Hearing Board. The Code Hearing Board shall report
to the Town Council periodically, at intervals of not later 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 Town Council advisory reports recommending changes and modifications
in this Part or in those other Applicable Codes or Ordinances.
[Ord. 641, 10/9/1978]
1.
Saving Clause. Nothing in this Part shall be construed to affect
any suit or proceeding now pending in any court, or any actions required,
or liability incurred, or any cause or causes of action accrued or
existing, under any act or ordinance repealed hereby. No right or
remedy of any character shall be lost, impaired or affected by this
Part.
2.
Validity. The invalidity of any Section or provision of this Part
shall not invalidate other sections or provisions thereof.
[Ord. 641, 10/9/1978; as amended by Ord. 782, 11/6/1996,
§ 1; and by Ord. 800, 11/10/1997, § 1]
1.
[Reserved]
2.
Penalties. Any person, firm, or corporation who or which shall fail
to correct a violation or institute a remedial action as ordered by
the Code Enforcement Officer or who or which shall violate a provision
or fail to comply with any requirement of this Part or of any of the
other applicable codes or ordinances shall, upon conviction thereof,
be guilty of a summary offense and shall be sentenced to pay a fine
of not more than $1,000 plus costs of prosecution and/or shall undergo
imprisonment for not more than 10 days. Each day any violation continues
shall constitute a separate offense.
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The imposition of the penalties herein prescribed shall not
preclude the Solicitor representing the Town from initiating, and
he is hereby ordered to initiate, appropriate actions or proceedings
at law or in equity, to effect the purpose of this Part.
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3.
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 Town are hereby
declared to be a public nuisance.
A.
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 Part and in the applicable
codes and ordinances of the Town in accordance with the laws of the
Commonwealth of Pennsylvania.
B.
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 conditions which exist.
C.
Recovery of Expenses. The expenses incurred pursuant to subsection
(B) of this Section and of the other applicable codes and ordinances
shall be paid by the responsible owner, operator or occupant or by
the persons who caused or maintained such a public nuisance.
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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 Council of the Town may institute a suit to recover
such expenses to be charged against the property as a lien.[1]
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[1]
Editor's Note: Former § 5-108, Reasonable Costs,
added 11/10/1997 by Res. 111097.1, as amended, was repealed Ord. No. 1007, 6/22/2020.
