[HISTORY: Adopted by the Board of Commissioners of Upper
Moreland Township 11-13-1984 by Ord. No. 1054; amended 7-9-1990 by Ord. No.
1218 (Title 3, Ch. 8, of the 1977 Code). Subsequent
amendments noted where applicable.]
There is hereby created by the Board of Commissioners of the
Township of Upper Moreland a department of the Township to be known
as the "Code Enforcement Department." Said Department shall have the
responsibility for administering and enforcing the provisions of this
Code and other appropriate codes and/or sections of the Township Code.
The Board of Commissioners shall appoint a Code Enforcement Officer, who, except as provided in § 108-3, shall be in charge of the Code Enforcement Department of Upper Moreland 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.
The Fire Marshal of the Township or designated representative
shall be an Assistant Code Enforcement Officer of the Township for
enforcement of the Fire Prevention Code.
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 when requested
by the Township Manager or Board of Commissioners, the recommendation
of appropriate administrative rules, the keeping of records, the issuance
of monthly and annual written reports, and such other duties as the
Manager or Board may prescribe.
A.
In the discharge of his duties, the Code Enforcement Officer or his
authorized representative, upon displaying proper identification,
is hereby authorized to enter and inspect, at any reasonable time,
any structure or premises in the Township to enforce the provisions
of this Code and of other applicable provisions of the Township Code.
B.
The Code Enforcement Officer shall request the owner, operator or
occupant or other person in charge of any structure or premises in
the Township to agree to an inspection by appointment at a mutually
convenient time.
C.
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.
D.
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, upon a showing that probable
cause exists for the inspection, may file a complaint and may petition
for and obtain an order directing compliance with the inspection requirements
of this Code 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.
The application for all permits shall be submitted to the Code
Enforcement Officer accompanied by the required fee.
The Code Enforcement Officer shall examine said application
to determine compliance with all applicable provisions of the Township
Code and shall, within 15 days after filing, either approve or deny
the application. If rejected, the Code Enforcement Officer shall inform
the applicant in writing and state the reasons for such denial.
The Code Enforcement Officer shall have authority to issue the
following certificates upon compliance with all applicable sections
of the Township Code, rules and regulations. Certificates may be issued
separately or combined in the form of a single certificate.
A.
Certificate of use and occupancy. In accordance with the BOCA Basic
Building Code,[1] 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 applicable
provisions of the Township Code. All applicants shall apply to the
Code Enforcement Officer for 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 sections of the Township Code, shall
be obtained by the applicant in accordance with the provisions of
said Code. Application for such permits, certificates or licenses
shall be made to the Code Enforcement Officer.
In the event that the Code Enforcement Officer or any Assistant
Code Enforcement Officer determines that there is an existing violation
of the provisions of any of the Code or ordinances of the Township
or rule or regulation adopted pursuant thereto, a compliance notice
shall be issued in accordance with the following conditions:
A.
The compliance notice shall be set forth on a form to be prepared
by the Township and shall set forth a concise statement as to the
nature of the violation of the codes of the Township involved, with
reference to the specific code, the remedial or corrective action
required, and an instruction to the owner or contractor that in order
to avoid prosecution for a violation of the Township's Code,
such owner or contractor shall fulfill the following conditions:
(1)
Returning to the Township, within five days of receipt of the compliance
notice, on the form provided, a written acknowledgement of receipt
of the compliance notice, agreeing to correct the condition which
constitutes the violation within such time as is provided in the compliance
notice, and agreeing to contact the Code Enforcement Officer when
such work is accomplished;
(2)
Correcting the condition which constitutes the violation within such
time as is provided in the compliance notice or, in the case that
the violation is the failure to obtain any permit or registration
required under any ordinance, the obtaining of such permit or the
registering by such person as may be responsible for obtaining such
permit or making such registration; and
(3)
Paying, for the use of the Township, the sum of $10 to the Township
Treasurer.
B.
The Code Enforcement Officer or Assistant Code Enforcement Officer
shall deliver the compliance notice, by personally handing such compliance
notice to the adult person in charge or, where no such person can
be found, by mailing the compliance notice by certified mail, return
receipt requested, to the owner of the property or contractor, if
known.
C.
The Code Enforcement Officer or Assistant shall set forth in the
compliance notice such time as is deemed reasonable by the Code Enforcement
Officer or Assistant, considering the nature of the violation, for
the initiation and completion of the remedial or corrective action.
Such time period shall not exceed 60 days. However, an extension for
completion may be granted by the Code Enforcement Officer for an additional
period upon cause shown that the violation cannot be corrected within
the time allowed.
A.
In the event that any person to whom a compliance notice has been issued shall fail to respond to such compliance notice within the time required by § 108-9A(1) or, in the event that such compliance notice is mailed, shall refuse delivery of such compliance notice, the Code Enforcement Officer shall institute a criminal summary proceeding by issuing a citation or citations to such person and filing the original or originals with the proper issuing authority.
B.
The imposition of any penalty pursuant to a summary proceeding before
an issuing authority shall not preclude the Township from issuing
additional compliance notices with respect to an uncorrected violation
or instituting any other legal or equitable proceeding to carry out
the purposes of the Code provision in question.
