[Ord. 687, 10/6/1986, § 901]
The Zoning Officer. The provisions of this Chapter shall be enforced by an agent to be appointed by the Town Council who shall be known as the Zoning Officer. The Zoning Officer shall not hold any elective office in the Town.
Compensation. The compensation for the Zoning Officer shall be determined by the Town Council by Resolution.
Duties and Responsibilities. The Zoning Officer shall have all the duties and powers conferred by this Chapter in addition to those reasonably implied for that purpose. He shall not issue a permit in connection with any contemplated erection, construction, alteration, repair, extension, replacement and/or use of any building, structure, sign and/or land unless it first conforms to the literal requirements of this Chapter, all other Ordinances of the Town and with the laws of the Commonwealth of Pennsylvania. He shall:
Receive and check all applications for zoning permits and certificates of zoning compliance and make notations as to special conditions attached thereto.
Issue zoning permits and certificates of compliance only for construction and uses which are in accordance with the regulations of this Chapter and subsequent amendments or through the Town Council for conditional uses or through the Zoning Hearing Board; or through Court approval. Zoning permits and certificates of compliance shall not be issued where the request concerns a lot, parcel or tract in a subdivision required to be approved under applicable Subdivision and Land Development regulations [Chapter 22], which subdivision or development has not had the required approval.
Record and file all applications for zoning permits and certificates of zoning compliance together with accompanying plans and documents. All records shall be open to public inspection.
Be responsible for maintaining the Zoning Map showing the current zoning classifications of all land and the Zoning Text including all amendments thereto.
Maintain a map and register showing the registration, identity and location of nonconforming uses and structures for which certificates of nonconformance have been issued by him. The Zoning Officer shall also examine such nonconforming uses and structures periodically to determine that they do not expand beyond the limitations prescribed herein.
Participate in all proceedings before the Zoning Hearing Board and the Planning Commission and at their request furnish such facts, records and similar information which will assist such bodies in reaching their decisions.
Institute legal proceedings in courts of proper jurisdiction for the enforcement of the provisions of this Chapter.
Submit a monthly report to the Town Council of all permits and certificates of zoning compliance issued and violations and stop work orders recommended or promulgated.
[Ord. 687, 10/6/1986, § 902]
Requirements. It shall be unlawful to commence the excavation for or the construction or erection of any building, including an accessory building or to commence the moving or alteration of any building, including an accessory building, until the Zoning Officer has issued a zoning permit for such work. No permit shall be required for the repair, maintenance or interior remodeling of any building, structure or grounds provided such repairs, maintenance or remodeling do not change the use or otherwise violate the provisions of this Chapter.
Form of Application. The application for a permit shall be submitted in such form as the Zoning Officer may prescribe and shall be accompanied by the required fee as hereinafter prescribed. Application shall be made by the owner or lessee of any land, building or structure or the agent of either; provided, however, that if the application is made by a person other than the owner or lessee, it shall be accompanied by a written authorization of the owner or the qualified person making an application, that the proposed work is authorized by this owner. The full names and addresses of the owner, lessee, applicant and of the responsible officers, if the owner or lessee is a corporate body, that shall be stated in the application.
Description of Work. The application shall contain a general description of the proposed work, use and occupancy of all parts of the building, structure, land or sign and such additional information as may be required by the Zoning Officer. The application for the permit shall be accompanied by a plot plan of the proposed building, structure, use or sign drawn to scale with sufficient clarity to show the nature and character of the work to be performed, including off-street parking and loading space, if required, the location of new and existing construction, and the distances of the same from the existing lot lines.
Issuance of Zoning Permit. Upon receiving the application, the Zoning Officer shall examine the same within a reasonable time after filing. If the application or plans do not conform to the provisions of all pertinent local laws, he shall reject such application, in writing, stating the reasons therefor. He shall inform the applicant of his right of appeal to the Zoning Hearing Board in the event such application is rejected. If satisfied that the proposed work and/or use conforms to the provisions of the Zoning Chapter and all laws and ordinances applicable thereto, he shall issue a permit therefor as soon as practical.
Notice of Starting Work. The Zoning Officer shall be given at least 24 hours notice by owner or applicant prior to commencement of work at the site, having a zoning permit properly posted.
Expiration of Permit. The permit shall expire after one year from the date of issuance unless work at the site has commenced within such period, but in any case, all work must be completed within two years. If the work for which the permit has been granted has not been started within one year from the granting of such permit or if the work has not been completed within two years, the Zoning Officer shall cancel the permit and shall give written notice thereof to the applicant stating that further work shall not proceed unless and until a new zoning permit has been obtained.
Completion of Work. Upon completion of the construction, erection or alteration of any building, structure or portion thereof authorized by any zoning permit obtained in compliance with this Chapter and, prior to use or occupancy, the holder of such permit shall notify the Zoning Officer of such completion. Use and occupancy shall not be authorized until the Zoning Officer has certified that the work has been inspected and approved as being in conformity with this and other applicable ordinances, and has issued a certificate of zoning compliance as provided below.
Revocation of Permits. The Zoning Officer may revoke a permit or approval issued under the provisions of the Zoning Chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in this Chapter.
Posting of Permit. A true copy of the permit shall be kept on the site of operations open to public inspection during the entire time of prosecution of the work or use and until the completion of the same as defined on the application.
[Ord. 687, 10/6/1986, § 903]
Requirements. It shall be unlawful to use and/or occupy any structure, building, sign and/or land or portion thereof for which a permit is required herein until a certificate of zoning compliance for such structure, building, sign and/or land or portion thereof has been issued by the Zoning Officer.
Time of Application. When the use of premises involves a new building or structure or additions to an existing building or structure, the application for zoning compliance shall be made at the same time application is made for a zoning permit. When no construction or alteration is involved, application to occupy and use land may be made at any time.
Form of Application. The application for a certificate of zoning compliance shall be in such form as the Zoning Officer may prescribe. The application shall contain the intended use and/or occupancy of any structure, building and/or land or portion thereof for which a permit is required herein.
Issuance of Certificate of Zoning Compliance. The Zoning Officer shall inspect any structure, building, and/or use of land within 10 days upon notification that the proposed work that was listed under the permit has been completed and if satisfied that the work is in conformity with the work listed in the issued permit and all other pertinent laws, he shall issue a certificate of zoning compliance for the intended use listed in the original application. The certificate of zoning compliance or a true copy thereof shall be kept available for official inspection at all times.
[Ord. 687, 10/6/1986, § 904]
Enforcement. The construction, erection, replacement, alteration, repair, extension and/or use of any structure, building and/or land or the change of use, area of use, percentage of use or extension or displacement of the use of any structure, building and/or land without first obtaining a permit; or the use of any building, structure and/or land without receipt of a certificate of zoning compliance; or the failure to comply with any other provisions of this Chapter are hereby declared to be violations of this Zoning Chapter.
Where Illegal Use Has Terminated. Where an illegal use of this Chapter has terminated, the Zoning Officer may institute summary proceedings for such violations.
Where Violation is Ongoing. Where a violation of this Chapter is ongoing, the Zoning Officer shall notify the violator of the violation setting forth the illegal activity and the Section of this Chapter which has been violated. The Zoning Officer may, in his discretion, initiate summary proceedings against the property owner. The giving of such notice of violation shall not be a condition precedent to the initiation of summary proceedings.
Limitation on Fines. The Zoning Officer shall not seek fines if in excess of $500 per violation or series of violations without expressed permission from Town Council. If the Zoning Officer intends to seek fines in excess of $500, he shall notify the violator of such intention, which will be considered at the next meeting of Town Council.
Uses That Have Terminated. No stay of summary proceedings shall be available to violators if the illegal use has terminated.
Continuing Violations. An applicant seeking a stay of summary proceedings shall request, in writing, such stay from Council setting forth the reasons for the stay. Council may grant a stay only if there is a substantial issue involving the legality or illegality of the use. No other ground may form a basis for a stay of summary proceedings. In the event that Council makes such a determination, the matter will be referred to the Zoning Hearing Board for a determination of the status of the use of the property. Such application per stay shall be filed, in writing, with the Town Secretary within 10 days of receipt of the citation.
Remedies. The Zoning Officer may institute, in the name of the Town, any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate such violation, or to seek forfeiture of monies made as a result of said illegal use. The decision to prosecute through summary proceedings or the decision to take other legal action by any Town official shall not be the type of decision appealable to the Zoning Hearing Board of the Town of Bloomsburg. No specific intent is required of a violator for him to be found guilty of a violation of the Zoning Chapter, and summary offenses under this Chapter will be of the class of violations referred to as strict liability offenses. Record owners, landlords and beneficial owners are responsible for compliance with this Chapter and, as such, may be held responsible under this section for violations thereof. Both the landlords and tenants may be cited and found guilty of violations of this Chapter.
[Ord. 687, 10/6/1986, § 905]
Permit Fees. No permit to begin work for the erection, construction, alteration, repair, extension, replacement and/or use of any building, structure and/or land for construction or use purposes shall be issued until the fees prescribed shall be paid to the Zoning Officer. The payment of fees under this Section shall not relieve the applicant or holder of said permit from payment of other fees that may be required by this Chapter or any other Ordinance or law. The fees shall be established, from time to time, by resolution of Town Council.