[HISTORY: Adopted by the Borough Council of the Borough of
Ambridge 11-25-1974 by Ord. No. 926. Amendments noted where applicable.]
It shall be unlawful for any person, partnership, business or
corporation to undertake or cause to be undertaken the excavation,
filling and/or grading of any land within the Borough unless an approved
permit has been obtained from the Borough Building Permit Officer.
For the purposes of this chapter, the following definitions
shall apply:
Any rock, natural soil or fill, and/or any combination thereof.
The mechanical removal of earth material.
The deposition of earth material.
Any excavating or filling or combination thereof.
Any person, persons, partnership, business or corporation.
Application for such a permit shall be made in writing to the
Building Permit Officer on forms supplied by the Borough. Such application
shall contain at least the following.
B.
An identification and description of the work to be covered by the
permit for which application is made.
C.
A description of the land on which the proposed work is to be done,
by lot, block, tract and house and street address, or similar description
which will readily identify and definitely locate the proposed work.
D.
An estimate of the value of the proposed work.
E.
Such other information as reasonably may be required by the Building
Permit Officer.
The Building Permit Officer shall issue a permit only after
it has been determined that the proposed work will be in conformance
with all applicable requirements and regulations.
After the issuance of a permit by the Building Permit Officer,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Building
Permit Officer.
In addition to the permit, the Building Permit Officer shall
issue a placard, which shall be displayed on the premises during the
time the work is in progress. This placard shall show the number of
the permit, the date of its issuance, and be signed by the Building
Permit Officer.
A.
The proposed work shall begin within six months after the date of
issuance of the permit or the permit shall expire, unless a time extension
is granted, in writing, by the Building Permit Officer.
During the permitted work period, the Building Permit Officer
or other authorized official may inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable Borough laws and
ordinances. In the event the Building Permit Officer discovers that
the work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Building Permit Officer shall revoke the permit
and report such fact to the Borough Council for whatever action it
considers necessary.
Applications for a permit shall be accompanied by a fee, payable
to the Borough, based upon the estimated cost of the proposed work,
as determined by the Building Permit Officer, at rates as established
from time to time by resolution of Borough Council.
Any person aggrieved by the Building Permit Officer's estimate
of the cost of the proposed work may appeal to the Borough Council.
Such appeal must be filed, in writing, within 30 days after the determination
of the Building Permit Officer. Upon receipt of such appeal, the Borough
Council shall set a time and place, not less than 10 days nor more
than 30 days, for the purpose of hearing the appeal. Notice of the
time and place of the hearing of the appeal shall be given to all
parties, at which time they may appear and be heard. The determination
of the estimated cost by the Borough Council shall be final in all
cases.
[Amended 1-17-1983 by Ord. No. 1009[1]]
Any person, firm or corporation who fails to comply with any
or all of the requirements or provisions of this chapter or who fails
or refuses to comply with any notice, order or direction of the Building
Permit Officer or any other authorized employee of the Borough shall
be, upon conviction thereof, sentenced to a fine of not less than
$25 nor more than $1,000 plus costs and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
Each day during which any violation of this chapter continues shall
constitute a separate offense. In addition to the above penalties,
all other actions are hereby reserved, including an action in equity
for the proper enforcement of this chapter. The imposition of a fine
or penalty for any violation of or noncompliance with this chapter
shall not excuse the violation or noncompliance or permit it to continue,
and all such persons shall be required to correct or remedy such violations
and noncompliances within a reasonable time. Any excavation, filling
and/or grading in noncompliance with this chapter may be declared
by the Borough Council to be a public nuisance and abatable as such.
