Pursuant to the provisions of the Intergovernmental Cooperation Law (Act 177, approved December 19,1996, P.L. 158, 53 Pa.C.S.A. § 2301 et seq., the Borough of Evans City (hereinafter referred to as the "municipality") shall and does hereby enter into and adopt this agreement of cooperation (hereinafter, the "agreement") with such other municipalities of Butler County and as may ordain to do so, providing for the establishment and maintenance of a joint local agency, as authorized by 53 Pa.C.S.A. § 7210.501 of the Pennsylvania Construction Code Act (Act No. 45, November 10, 1999, P.L. 491, 35 P.S. § 7210.101 et seq.; hereinafter the "Act") to be known as the Municipal Code Enforcement Association (hereinafter the "Association").
[Adopted 5-4-2009 by Ord. No. 532]
This agreement shall and does hereby provide, inter alia:
A.
The delegation and transfer to the Association of all functions, powers and/or responsibilities of the municipality, as provided for by the Act, as amended or hereinafter amended, which shall include, but not be limited to, the following:
(1)
Setting fee schedules for joining the Association, processing permit applications, and issuing permits.
(2)
Employing construction code officials and such other employees or personnel, as may be necessary, and determining the amount and method of compensation for them.
(3)
Establishing all necessary provisions and procedures for issuance of permits, collection of fees, enforcement of the Act and the rules and regulations promulgated pursuant thereto, prosecution of violations and appearing as a party of the local agency pursuant to the Local Agency Law.
(4)
Adopting rules and regulations and procedures not inconsistent with the Act or the rules and regulations promulgated pursuant thereto, which the Association deems necessary and proper for the effective administration of the Act and for the effective execution of the powers, duties and responsibilities granted by the Act, the ordinances of participating municipalities and this agreement.
(5)
Establishing a Board of Appeals as set forth in the International Building Code and International Residential Code, and appointing persons who meet the minimum qualifications set forth in the Code to hear appeals from the decisions of the Association's building officials. Members of the Association's Board of Directors shall not serve as members of the Board of Appeals.
(6)
Exercising all the powers and duties delegated to local agencies under the Act.
B.
That the purposes and objectives of this Agreement are to create a local agency that equally administers and enforces the provisions of the Act within each municipality that is part of and included within the jurisdiction of the Association created.
C.
That the manner and extent of financing the activities of the Association shall be determined by the Association which will annually, before preparation of budgets of participating municipalities, specify the amount of funds, if any, that will be needed from each member municipality to finance any costs not covered by fees, which amounts shall be approved by a majority of member municipalities. The Association shall attempt as nearly as feasible, to limit its expenditures to income received from fees.
D.
That the Association shall adopt bylaws that shall include, but not be limited to, a governing body composed of one elected official or other designated representative from each participating municipality to be chosen on an annual basis by each participating municipality.
E.
Such bylaws shall provide for the manner in which property, real or personal, shall be acquired, managed or disposed of, including a provision that upon complete termination of the Association's existence, its remaining assets shall be distributed to the then-participating municipalities in a prorated amount based upon the total contributions of each municipality of joining fees and assessments paid pursuant to Subsection C hereof.
F.
The municipality may, upon 30 days' written notice to the Association, withdraw from the Association through repeal of this article.
G.
That the Association shall serve only those municipalities participating therein.
H.
That nonmember municipalities in the County of Butler may become a participating member of the Association by proper ordinance adopting this agreement.
I.
That this agreement may be amended or terminated by ordinance of all participating members.
J.
That the Association is empowered to enter into contracts for policies of group insurance and employee benefits, including social security, for its employees.
Any and all enforcement rights provided by the Act, including, but not limited to, all civil and/or criminal penalties, are delegated to the Association by the participating municipalities; provided, however, that each municipality shall authorize such enforcement, pay all out-of-pocket expenses thereof and receive all fines, costs, and penalties resulting therefrom for violation within its borders.