[Ord. 208, 3/28/1995, § 1]
1.
Title. This Part shall be known and may be cited as the "Code Enforcement
Ordinance of North Strabane Township."
2.
Purpose. The purpose of this Part is to provide for the administration
and enforcement of this Part, the technical codes and any other codes
and ordinances adopted by North Strabane Township.
3.
Scope. The provisions of this Part shall serve as the administrative,
organizational and enforcement rules and regulations for the technical
codes which regulate the site preparation and construction, alteration,
moving, demolition, repair, use and occupancy of buildings, structures
and building service equipment and any other codes and ordinances
within North Strabane Township.[1]
[1]
Editor’s Note: Former Subsections 4 and 5 of §
101 were repealed 8/23/2016 by Ord. 369, as the Uniform Construction
Code and International Property Maintenance Code now control.
[Ord. 208, 3/28/1995, § 2]
1.
Creation of the Department of Code Enforcement. There is hereby created
by the Board of Supervisors a Department of North Strabane Township
to be known as the "Department of Code Enforcement," which shall be
under the administrative and operational control of the Code Enforcement
Officer. The Code Enforcement Officer shall have the responsibility
for administrating and enforcing the provisions of this Part, the
technical codes and those other codes and/or ordinances of the Township,
herein referred to as the "applicable codes and ordinances," which
designate said Department of Code Enforcement as their official administrative
and enforcement authority.
2.
General. Whenever the term or title "administrative authority," "responsible
officer," "officer," "building official," "code official," "chief
inspector," "code enforcement officer," or other similar designation
is used herein or in any of the technical codes, it shall be construed
to mean the Code Enforcement Officer appointed by the Board of Supervisors
of North Strabane Township.
3.
Department Records. An official record shall be kept of all business
and activities of the Department 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
in order to maintain the integrity and security of such records. 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. Such records shall be retained in
the official records so long as the building or structure to which
they relate remains in existence unless otherwise provided by other
regulations.
4.
Annual Report. At least annually, the Code Enforcement Officer shall
submit to the Board of Supervisors a written statement of operations
in the form and content as shall be prescribed by the Board.
[Ord. 208, 3/28/1995, § 3]
1.
Appointment of Code Enforcement Officer. There shall be appointed,
by the Board of Supervisors of North Strabane Township, a Code Enforcement
Officer, who shall be in charge of the Department of Code Enforcement
of North Strabane Township. 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 Department, as appointed
and approved by the Board of Supervisors of North Strabane Township.
Said Code Enforcement Officer and other personnel shall consist of
employees directly hired and compensated by North Strabane Township.
The Code Enforcement Officer shall not be removed from office, except
for cause and after full opportunity to be heard on specific and relevant
charges by and before the Board of Supervisors.
2.
Relief From Personal Liability. The Code Enforcement Officer, or
other official or employee, charged with the administration and enforcement
of this Part and technical codes and those other codes and/or ordinances
of the Township who acts in good faith and without malice in the discharge
of duties shall not thereby be rendered liable personally and is hereby
relieved from all personal liability for any damage accruing to persons
or property as a result of any act required or permitted in the discharge
of official duties. Any suit instituted against the Code Enforcement
Officer or employee because of an act performed by that Code Enforcement
Officer or employee in the lawful discharge of duties and under the
provisions of this Part shall be defended by the legal representative
of North Strabane Township until the final termination of the proceedings.
The Code Enforcement Officer or any subordinate shall not be liable
for costs in any action, suit or proceeding that is instituted in
pursuance of the provisions of this Part, the technical codes and
those other codes and/or ordinances which designate said Department
of Code Enforcement as their official administration and enforcement
authority. Any officer of the Department of Code Enforcement, acting
in good faith and without malice, shall be free from liability for
acts performed under any of its provisions or by reason of any act
or omission in the performance of official duties in connection therewith.
3.
Deputy. The Code Enforcement Officer is authorized to designate an
employee as deputy who shall exercise all the powers of the Code Enforcement
Officer during the temporary absence or disability of the Code Enforcement
Officer in accordance with prescribed procedures and with the approval
of the Board of Supervisors.
4.
Restriction of Employees. An official or employee with the Department
of Code Enforcement shall not be engaged in or directly or indirectly
connected with the furnishing of labor, materials or appliances for
the construction, alteration or maintenance of a building, or the
preparation of plans or of specifications thereof, unless that person
is the owner of the building; nor shall such officer or employee engage
in any work which conflicts with official duties or with interests
in the Department.
5.
Fire Marshal. In accordance with the Fire Prevention Code of North
Strabane Township, the Fire Marshal of the Township has been established
as the authorized representative from the Department of Code Enforcement
of North Strabane Township having all of the duties of enforcement
of the Fire Prevention Code of the Township provided for in this Part.
The Fire Marshal shall continue to serve in that capacity until such
time as the Board of Supervisors declares otherwise.
[Ord. 208, 3/28/1995, § 4]
1.
Enforcement of Codes. The Code Enforcement Officer shall enforce
and administer all of the provisions of this Part and of those other
applicable technical codes and ordinances which establish the Department
of Code Enforcement as their official administration and enforcement
authority. For such purposes, he shall have the powers of a law enforcement
officer.
2.
Duties. The duties of the Code Enforcement Officer shall include:
the receipt of application and issuance of permits for the construction,
erection, addition to, alteration, repair, removal, demolition, installation
of service equipment (plumbing, electrical, mechanical), and the location,
use, occupancy and maintenance of all buildings and structures located
within or moved into North Strabane Township; the issuance of all
necessary notices and orders to abate illegal or unsafe conditions
to ensure compliance with this Part for the safety, health and general
welfare of the public; the making of inspections to determine compliance
with the applicable codes and ordinances; the undertaking of investigations;
and such other activities as may be required.
3.
Credentials. The Code Enforcement Officer or his authorized representative
shall disclose proper credentials of their respective department for
the purpose of inspecting any and all buildings and premises in the
performance of duties under the applicable technical code and/or ordinance
where requested.
4.
Coordination of Enforcement. Whenever, in the opinion of the Code
Enforcement Officer, initiating an inspection under the applicable
technical codes and/or ordinances, it is deemed necessary or desirable
to have inspections by any other department, the Code Enforcement
Officer shall make reasonable effort to arrange for the coordination
of such inspections so as to minimize the number of visitors by Township
officials and to confer with the other departments for the purpose
of eliminating conflicting orders before any are issued. The assistance
and cooperation of all other officials, including Police and Fire
Departments, shall be available to the Code Enforcement Officer to
assist in the performance of his duties.
5.
Right of Entry. Except in case of an emergency or a mutually convenient
time agreed to by the Code Enforcement Officer and the owner, if the
Code Enforcement Officer or his authorized representative in discharging
his duties has reasonable cause to believe that there exists in any
building or upon any premises any condition or code violation which
makes such building or premises unsafe, dangerous or hazardous to
the health, safety and welfare of the occupants or the public, upon
showing proper identification where requested, is hereby authorized
to enter and inspect between the hours of 7:00 a.m. and 7:00 p.m.,
any structure or premises in North Strabane Township to enforce the
provisions of this Part and of those other applicable codes and ordinances.
Every occupant, owner or operator of a structure or premises, or their
agent or employee, shall give access to any part of such structure
or its premises at reasonable times for the purpose of making such
inspection, maintenance, repairs or alterations as are necessary to
comply with the provisions of this Part.
6.
Access Entry Refused. If any owner, operator, occupant or other person
in charge of a structure refuses, impedes, inhibits, interferes with,
restricts or obstructs 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 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.
7.
Modifications. Whenever there are practical difficulties involved
in carrying out the provisions of the technical codes, the Code Enforcement
Officer may grant modifications for individual cases, provided he
shall first find that a special individual reason makes the strict
letter of the technical code impractical and the modification is in
conformity with the intent and purpose of the technical code, and
that such modification does not lessen health, life and fire safety
requirements or any degree of structural integrity. The details of
actions grading modifications shall be recorded and entered in the
files of the Code Enforcement Department. If additional nonconforming
conditions are encountered during the course of any approved alteration
or repair which were not considered or known initially, the Code Enforcement
Officer shall have the authority to require compliance with the ordinance
and other technical codes and/or ordinances of the Township.
8.
Tests.
A.
Whenever there is insufficient evidence of compliance with any of
the provisions of the technical codes or evidence that materials or
construction do not conform to the requirements of the technical codes,
the Code Enforcement Officer may require tests as evidence of compliance
to be made at no expense to North Strabane Township.
B.
Test methods shall be as specified by the technical codes or by other
recognized test standards. In the absence of recognized and accepted
test methods for the proposed alternate, the Code Enforcement Officer
shall determine test procedures.
C.
All tests shall be made by an approved agency. Reports of such tests
shall be retained by the Code Enforcement Officer for the period required
for the retention of public records.
9.
Alternate Materials and Methods of Construction.
A.
The provisions of the technical codes are not intended to prevent
the use of any material or method of construction not specifically
prescribed by the technical codes, provided any alternate has been
approved and its use authorized by the Code Enforcement Officer.
B.
The Code Enforcement Officer may approve any alternate, provided
he finds that the proposed design is satisfactory and complies with
the provisions of the technical codes and that the material, method
or work offered is, for the purpose intended, at least the equivalent
of that prescribed in the technical codes in suitability, strength,
effectiveness, fire resistance, durability, safety and sanitation.
C.
The Code Enforcement Officer shall require that sufficient evidence
or proof be submitted to substantiate any claims that may be made
regarding its use. The details of any action grading approval of an
alternate shall be recorded and entered in the files of the Code Enforcement
Department.
10.
Approved Inspection Agencies. The Code Enforcement Officer shall
make all the required inspections or may accept reports of inspections
by authoritative and recognized services or individuals, which satisfy
requirements as to qualifications and reliability. All inspection
reports shall be in writing and shall be certified by the approved
authority or responsible office of the agency or the individual when
expert inspection services are accepted. The Code Enforcement Officer
may engage such expert opinion as may be deemed necessary to report
upon unusual technical issues that may arise subject to the approval
of the appointing authority. When required by the provisions of the
code or by the approved rules, materials or assemblies shall be inspected
at the point of manufacture or fabrication.
[1]
Editor’s Note: Former §§ 105 through 107 were
repealed 8/23/2016 by Ord. 369, as the Uniform Construction Code and
International Property Maintenance Code now control.
[Ord. 208, 3/28/1995, § 8]
1.
Required Fees.
A.
Applicants for permits required by any of the applicable codes and
ordinances of the Township shall pay at the time of application to
the Code Enforcement Officer for use by the Township, permit fees,
as designated from time to time by resolution by the Board of Supervisors
of North Strabane Township.
B.
The determination of value or valuation under any of the provisions
of these codes shall be made by the Code Enforcement Officer. The
value to be used in computing the permit or permits shall be the total
value of all construction work for which the permit or permits are
issued as well as all finish work, painting, roofing, electrical,
plumbing, heating, airconditioning, elevators, fire extinguishing
systems and any other permanent equipment.
2.
Special Inspection Fees and Costs. All fees and costs related to
the performance of special professional services in accordance with
the special inspections section of the Township's Building Code
shall be borne by the owner.
3.
Double Fees.
A.
Any persons, firms or corporations who shall commence any work for which a permit is required by the applicable codes and ordinances, without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay double the permit fee required by Subsection 1 of this section for such work, provided that this provision shall not apply to emergency work and first-time offenders.
B.
The payment of such double fee shall not exempt any person from compliance
with all other provisions of either this Part or the technical codes,
nor from any penalty prescribed by law.
4.
Renewals. Before work suspended or abandoned can be resumed, a new
permit shall be first obtained to do so, and the fee therefor shall
be 1/2 the amount required for a new permit for such work, provided
no changes have been made or will be made in the original plans and
specifications for such work; and, provided further, that such suspension
or abandonment has not exceeded 180 days. In order to review action
on a permit after expiration, the permittee shall pay a new full permit
fee. If required, any bond posted by the applicant for demolition
work not completed shall be forfeited.
5.
Other Fees. The payment of the fee for the construction, alteration,
removal or demolition for all work done in connection with or concurrently
with the work contemplated by a building permit shall not relieve
the applicant or holder of the permit form the payment of other fees
that are prescribed by law or ordinance for zoning permits, sewer
connections, plumbing, electrical and fire prevention permits, erection
of signs and display structures, marquees or other appurtenant structures,
or fees of inspections, certificates of use and occupancy or other
privileges or requirements, both within and without the jurisdiction
of the Code Enforcement Department.
6.
Fee Refunds. Refunds of any permit fees paid may be authorized by
the Code Enforcement Officer in accordance with the following:
A.
The Code Enforcement Officer may authorize the refunding of any fee
paid hereunder which was erroneously paid or collected.
B.
The Code Enforcement Officer may authorize the refunding of not more
than 50% of the permit fee paid when no work has been done under a
permit issued to defray costs incurred by the Code Enforcement Officer
in reviewing and processing the application and plans, including the
preliminary review of the site location identified in the application
and issuing and processing the permit.
C.
The Code Enforcement Officer may authorize the refunding of not more
than 80% of the fee paid when an application for permit for which
a fee has been paid is withdrawn or canceled before any plan reviewing
is done.
D.
The Code Enforcement Officer shall not authorize the refunding of
any fee paid except upon written application filed by the original
permittee not later than 30 days after the date of fee payment.
7.
Reinspection Fee. A reinspection fee may be assessed for each inspection
or reinspection when such portion of work for which inspection is
called is not complete or when corrections called for are not made.
8.
Accounting. The Code Enforcement Officer shall keep an accurate account
of all fees collected; and such collected fees shall be deposited
in the Township Treasury or otherwise disposed of as required by law.
[1]
Editor’s Note: Former §§ 109 through 116 were
repealed 8/23/2016 by Ord. 369, as the Uniform Construction Code and
International Property Maintenance Code now control.
[Ord. 208, 3/28/1995, § 17; as amended by Ord.
240, 10/28/1997]
1.
Unlawful Acts. It shall be unlawful for any person, firm or corporation
to erect, construct, alter, extend, repair, remove, demolish, maintain,
fail to maintain, provide, fail to provide, use or occupy, let to
another for use or occupy or permit another person to use or occupy
any structure or equipment regulated by this Part or the technical
codes, or cause same to be done, contrary to or in conflict with or
in violation of any of the provisions of this Part and the technical
codes, or to fail to obey a lawful order of the Code Enforcement Officer,
or to remove or deface a placard or notice posted under the provisions
of this Part.
2.
Occupancy Violations. Whenever any building or structure or building
service equipment therein regulated by this Part and the technical
codes is being used contrary to the provisions of such codes, the
Code Enforcement Officer shall order such use discontinued by written
notice served on any person causing such use to be continued. Such
person shall discontinue the use within the time prescribed by the
Code Enforcement Officer after receipt of such notice to make the
structure, or portion thereof, comply with the requirements of such
code.
3.
Occupancy Without Use and Occupancy Certificate. Any new building hereafter erected for which a building permit was issued shall not be used or occupied in whole or in part until a certificate of use and occupancy shall have been issued by the Code Enforcement Officer. Failure to secure a use and occupancy certificate before use or occupancy of a building is subject to immediate fine and costs as prescribed in this Part. No further notification as required under § 112 Subsection 1, et seq. of this Part shall be required. The building owner, by signing the building permit and acknowledgement agrees not to violate any provision of the Township's codes and/or ordinances and is so notified. The use and occupancy certificate is a "license" to occupy and use the building.
4.
Failure to Comply. Whenever an order to vacate, secure, repair and/or
demolish a structure which is a public nuisance because its 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, closed-up and secured, repaired and/or demolished or take
such other action as is necessary to abate the nuisance. Abatement
under this subsection 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.
5.
Recover of Expenses. The expenses incurred pursuant to Subsection 4 of this section, and other applicable codes and ordinances, shall be paid by the responsible owner, operator or occupant or by the person who caused or maintained such a public nuisance. 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 Board of Supervisors of North Strabane Township may institute a suit to recover such expenses to be charged against the property as a lien.
6.
Transfer of Ownership. It shall be unlawful for the owner of any
dwelling unit or structure who has received a compliance order or
upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of to another until the provisions
of the compliance order or notice of violation have been complied
with, or until such owner shall first furnish the grantee, transferee,
mortgagee or lessee a true copy of any compliance order or notice
of violation issued by the Code Enforcement Officer and shall furnish
to the Code Enforcement Officer a signed and notarized statement for
the grantee, transferee, mortgagee or lessee, acknowledging the receipt
of such compliance order or notice of violation.
7.
Penalties. Any person, firm or corporation who shall violate any
provision of this Part or the technical codes or fail to correct a
violation or institute a remedial action as ordered by the Code Enforcement
Officer, or who shall erect, construct, install, alter or repair a
building/structure or any plumbing, electrical and mechanical equipment
or system in violation of an approved plan or directive of the Code
Enforcement Officer or of a permit or certificate issued under the
provisions of the Township's codes, upon conviction thereof in
an action brought before a District Justice in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this Part continues or each section of this Part which
shall be found to have been violated shall constitute a separate offense.
8.
Prosecution. The imposition of the penalties herein prescribed shall
not preclude the Solicitor representing the Township from initiating,
and he is hereby ordered to initiate, appropriate actions or proceedings
at law or in equity against the person responsible for the violation
for the purpose of ordering that person:
A.
To restrain, correct or remove the violation or refrain from any
further execution of work.
B.
To restrain or correct the erection, installation, maintenance, repair
or alteration of such structure.
C.
To require the removal of work in violation.
D.
To prevent the occupation or use of the structure or part thereof
erected, constructed, installed or altered in violation of, or not
in compliance with, the provisions of this Part and the technical
codes, or in violation of a plan or specification under which an approval,
permit or certificate was issued.
9.
Additional Remedies. In addition to the remedies and procedures (contained
in this Part) available for violations hereof, the Township shall
have the following remedies available:
[Added by Ord. 369, 8/23/2016]
A.
Abatement of the Blighted Property Violations. In the event a property
is found to be in violation of a state or Township code by a Magistrate
and the owner has failed to remedy the problem or appeal the decision,
the Township shall have the right to repair, tear down, abate, or
otherwise remove the violations occurring on the property, with the
costs thereof being charged against the owner. Failure of the owner
to pay the costs may result in a lien being placed against the property.
B.
Conservatorship. The Township may initiate court proceedings against
an owner of a blighted property who is unable or unwilling to abate
the problems for the court to appoint a conservator to take possession
of the property and take the necessary actions to bring it out of
violation. Possession can be restored by the property owner upon reimbursement
for all of the accrued costs and fees.
C.
Asset Attachment. A property owner found guilty of substantial violations
shall have six months to remedy the violations. Upon reinspection
by the Code Enforcement Officer confirming a failure to remedy the
violations, the Township may file an action in the Court of Common
Pleas against the owner to secure a judgment against the owner. Upon
failure by the owner to satisfy said judgment, the Township may submit
a writ of attachment to collect the judgment, requesting the court
issue a levy of attachment directing the Sheriff to serve copy of
the order on the owner and to seize property equal in value to the
writ.
D.
Extradition. A person who lives or has a principal place of residence
outside this commonwealth, who owns real estate property in this commonwealth
against which code violations have been cited under 18 Pa.C.S.A. § 7510
(relating to municipal housing code avoidance) and the person is charged
under 18 Pa.C.S.A. (relating to crimes and offenses) and who has been
been properly notified of the violations may be extradited to this
commonwealth to face criminal prosecution to the full extent allowed
by law and in the manner authorized by the Criminal Code.
E.
Permit Denial.
(1)
A municipality, its agent or a designated board may deny issuing
to an applicant a municipal permit if the applicant owns real property
in the commonwealth for which there exists on the real property:
(a)
A final and unappealable tax, water, sewer or refuse collection
delinquency on account of the actions of the owner; or
(b)
A serious violation of state law or a code and the owner has
taken no substantial steps to correct the violation within six months
following notification of the violation and for which fines or other
penalties or a judgment to abate or correct were imposed by a Magisterial
District Judge or municipal court, or a judgment at law or in equity
was imposed by a Court of Common Pleas. However, no denial shall be
permitted on the basis of a property for which the judgment, order
or decree is subject to a stay or supersedeas by an order of a court
of competent jurisdiction or automatically allowed by statute or rule
of court until the stay or supersedeas is lifted by the court or a
higher court or the stay or supersedeas expires as otherwise provided
by law. Where a stay or supersedeas is in effect, the property owner
shall so advise the municipality seeking to deny a municipal permit.
(2)
A municipality or board shall not deny a municipal permit to an applicant
if the municipal permit is necessary to correct a violation of state
law or a code.
(3)
The municipal permit denial shall not apply to an applicant's
delinquency on taxes, water, sewer or refuse collection charges that
are under appeal or otherwise contested through a court or administrative
process.
(4)
In issuing a denial of a permit based on an applicant's delinquency
in real property taxes or municipal charges or for failure to abate
a serious violation of state law or a code on real property that the
applicant owns in this commonwealth, the municipality or board shall
indicate the street address, municipal corporation and county in which
the property is located and the court and docket number for each parcel
cited as a basis for the denial. The denial shall also state that
the applicant may request a letter of compliance from the appropriate
state agency, municipality or school district, in a form specified
by such entity, as provided in this section.
(5)
All municipal permits denied in accordance with this subsection may
be withheld until an applicant obtains a letter from the appropriate
state agency, municipality or school district indicating the following:
(a)
The property in question has no final and unappealable tax,
water, sewer or refuse delinquencies;
(b)
The property in question is now in state law and code compliance;
or
(c)
The owner of the property has presented and the appropriate
state agency or municipality has accepted a plan to begin remediation
of a serious violation of state law or a code. Acceptance of the plan
may be contingent on:
(i)
Beginning the remediation plan within no fewer than 30 days
following acceptance of the plan or sooner, if mutually agreeable
to both the property owner and the municipality.
(ii)
Completing the remediation plan within no fewer
than 90 days following commencement of the plan or sooner, if mutually
agreeable to both the property owner and the municipality.
(6)
In the event that the appropriate state agency, municipality or school
district fails to issue a letter indicating tax, water, sewer, refuse,
state law or code compliance or noncompliance, as the case may be,
within 45 days of the request, the property in question shall be deemed
to be in compliance for the purpose of this section. The appropriate
state agency, municipality or school district shall specify the form
in which the request for a compliance letter shall be made.
(7)
Letters required under this section shall be verified by the appropriate
municipal officials before issuing to the applicant a municipal permit.
(8)
Municipal permits may be denied by a board in accordance with the
requirements of this section to the extent that approval of the municipal
permit is within the jurisdiction of the board. For purposes of this
section, "board" shall mean a zoning hearing board or other body granted
jurisdiction to render decisions in accordance with the Act of July
31, 1968 (P.L. 805, No. 247), known as the "Pennsylvania Municipalities
Planning Code,"[1] or a similar board in municipalities not subject to that
Act.
(a)
In any proceeding before a board other than the governing body
of the municipality, the municipality may appear to present evidence
that the applicant is subject to a denial by the board in accordance
with this section.
(b)
For purposes of this subsection, a municipal permit may only
be denied to an applicant other than an owner if:
(i)
The applicant is acting under the direction or with the permission
of an owner; and
(ii)
The owner owns real property satisfying the conditions of Subsection 9E(8)(a)1). Applicability of other law — A denial of a permit shall be subject to the provisions of 2 Pa.C.S.A. Chapter 5, Subchapter B (relating to practice and procedure of local agencies) and Chapter 7, Subchapter B (relating to judicial review of local agency action), or the Pennsylvania Municipalities Planning Code, for denials subject to the Act.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
F.
Failure to Comply with a Code Requirement. See 18 P.S. § 6115.
The owner of real property commits the offense of failure to comply
with a code requirement if all of the following apply:
(1)
The owner of real property has been convicted of a second or subsequent
serious violation of the same provision of a municipal code for the
same property.
(2)
The violation poses a threat to the public's health, safety
or property, and the owner has not taken a substantial step to correct
the violation.
(3)
The violation is considered a public nuisance, and the owner has
not made a reasonable attempt to correct the violation.
(4)
Grading:
(a)
Misdemeanor of the second degree if the offense is a second
conviction of a serious violation of the same provision of a municipal
code relating to the same property.
(b)
Misdemeanor of the first degree if the offense is based on three
or more convictions of serious violation of the same provision of
a municipal code relating to the same property.
G.
Corporations, Companies, Associations, etc. Where, after reasonable
efforts, service of process for a notice or citation for any code
violation for any real property owned by a corporation or business
association, association or trust cannot be accomplished by handing
a copy of the notice or citation to an executive officer, partner
or trustee of the corporation or business association or trust or
to the manager, trustee or clerk in charge of the property, the delivery
of the notice or citation may occur by registered, certified or United
States first-class mail, accompanied by a delivery confirmation:
(1)
To the registered office of the corporation or business association
or trust.
(2)
Where a corporation or business association, association or trust
does not have a registered office, to the mailing address used for
real estate tax collection purposes, if accompanied by the posting
of a conspicuous notice to the property and by handing a copy of the
notice or citation to any adult in possession of the property and/or
the person in charge of the property at that time.
[1]
Editor’s Note: Former § 118 was repealed 8/23/2016
by Ord. 369, as the Uniform Construction Code and International Property
Maintenance Code now control.
[Ord. 208, 3/28/1995, § 19]
1.
Conflicting Provisions.
A.
Whenever conflicting provisions or requirements occur between this
Part, the technical codes and any other codes or laws, the most restrictive
shall govern.
B.
Where conflicts occur between the technical codes, those provisions
providing the greater safety to life shall govern. In other conflicts
where sanitation, life safety or fire safety are not involved, the
most-restrictive provisions shall govern.
C.
Where in any specific case different sections within any of the technical
codes specify different materials, methods of construction or other
requirements, the most restrictive shall govern. Where there is a
conflict between a general requirement and a specific requirement,
the specific requirement shall be applicable.
D.
Where conflicts occur between any specific provisions of this Part
and any administrative provisions in any technical code which is then
applicable within North Strabane Township, those provisions are hereby
repealed to the extent of any such conflict.
2.
Partial Validity. In the event any part or provision of this Part
is held to be illegal or void, this shall not have the effect of making
void or illegal any of the other parts or provisions thereof, which
are determined to be legal; and it shall be presumed that this Part
would have been passed without such illegal or invalid parts or provisions.
3.
Segregation of Invalid Provisions. Any invalid part of this Part
shall be segregated from the remainder of this Part by the court holding
such part invalid, and the remainder shall remain effective.
4.
Saving Clause. Nothing in this Part shall be construed to affect
any suit or proceeding now pending in any court, any rights acquired,
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.
