This article shall be known as the "Jacobus Borough Building
Permit Ordinance."
[Amended 9-6-1978 by Ord. No. 71A; 3-7-1984 by Ord. No. 87]
Unless otherwise expressly stated, the following words shall,
for the purpose of this article, have the meanings herein indicated:
ALTERATION
Any change, rearrangement, enlargement, moving, relocation,
removal or demolition of any structure or of the structural parts
thereof.
BUILD
The construction, erection, location, placement, altering,
raising, fabricating, making, repairing, enlarging, paving or restoration
of any structure or part thereof, but not including the mere painting
or finishing of surfaces when not accompanied by any other activity
herein referred to.
BUILDING
An enclosed structure having a roof supported by columns,
walls, arches or other devices and adapted to occupancy or use for
public, institutional, residence, commercial, manufacturing or storage
purposes.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
GRADE, STREET
The elevation of the center line of the street as officially
established by the Borough.
HABITABLE FLOOR
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof.
A floor used only for storage purposes is not a habitable floor.
LINE, STREET
The dividing line between the street and the lot.
MOBILE HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. It
does not include recreational vehicles or travel trailers. The term
includes, but it is not limited to, the definition of "mobile home"
as set forth in regulations governing the Mobile Home Safety and Construction
Standards Program [24 CFR 3282.7(a)].
PERSON
Includes an individual, partnership, association, firm, trust,
club, company or corporation.
SIGN
Any device for visual communication used for the purpose
of bringing a subject to the attention of the public.
STREET
A thoroughfare within the right-of-way which affords the
principal means of access to abutting properties and is used or intended
to be used by vehicular traffic or pedestrians, whether public or
private.
STRUCTURE
A thoroughfare within the right-of-way which affords the
principal means of access to abutting properties and is used or intended
to be used by vehicular traffic or pedestrians, whether public or
private.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, substantial improvement
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either any project for improvement
of a structure to comply with existing state or local health, sanitary,
or safety code specifications which are solely necessary to assure
safe living conditions or any alteration of a structure listed on
the National Register or a State Inventory of Historic Places.
[Amended 9-6-1978 by Ord. No. 71A]
A. It shall be unlawful for any person to build or alter any building
or structure in the Borough without having obtained a permit therefor
as herein provided.
B. It shall be unlawful for any person to begin work for the building
or alteration of any building or structure or on a development unless
and until a building permit has been duly issued therefor.
Within 90 days from or after the date of completion of work
authorized by the permit, the applicant shall file with the Building
Permit Officer, on a form provided for that purpose, a report certifying
the completion of the work and setting forth the actual cost thereof
and shall pay to the Building Permit Officer any additional fee provided
for herein.
It shall be the duty of the Building Permit Officer to forthwith
revoke any building permit issued hereunder if it shall be determined
that the same shall have been improperly or wrongfully issued by reason
of any false statement in the application or by reason of any mistake
of fact or law or that the work therein authorized would constitute
the violation of any statute or ordinance. Such revocation shall become
effective upon the mailing by the Building Permit Officer to the applicant
at his address shown in the application thereof. Upon such revocation,
all work authorized by said permit shall immediately cease and shall
not be resumed unless and until a permit therefor has been properly
issued.
Upon the violation of any of the terms of this article or of
any rule or regulation made hereunder, the Borough may, in addition
to any other remedies, institute, in the name of the Borough, any
appropriate action or proceeding at law or in equity to prevent, restrain,
correct or abate any such violations.
The provisions of this article shall not be taken or construed
to conflict with or otherwise limit the provisions of any other statute
or ordinance imposing any other or greater requirements or restrictions,
and in the event of any such duplication, the provisions imposing
the greater requirement or restriction shall prevail.
[Amended 3-7-1984 by Ord. No. 87; 7-3-2013 by Ord. No. 2013-3]
Any person who shall violate the provisions of this article
shall be subject to a summary criminal proceeding before the Magisterial
District Justice as provided by the Pennsylvania Rules of Criminal
Procedure, as may be amended from time to time. Upon a finding of
a violation, a fine of not less than $450 nor more than $1,000, plus
costs of prosecution, including court costs and reasonable attorney
fees incurred by the Borough to prosecute the violation, shall be
imposed, and such person may be subject to imprisonment of up to 15
days in the event such fines and costs are unpaid. Each day that such
violation(s) continues shall be a separate violation of this article.