[HISTORY: Adopted by the Borough Council of the Borough of
Northampton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-9-1972 by Ord. No. 823 (Ch. 5, Part 1, of the
1993 Code of Ordinances)]
This article shall be known and may be cited as the "Code Enforcement
Ordinance of the Borough of Northampton."
A.
Creation of Office of Code Enforcement. There is hereby created by
the Council of the Borough an office of the Borough to be known as
the "Office of Code Enforcement." Said office shall have the responsibility
for administering and enforcing the provisions of this article and
of those other codes and/or ordinances of the Borough which designate
said Office of Code Enforcement as their official administrative and
enforcement agency.
B.
Appointment of Code Enforcement Officer. There shall be appointed
by the Borough Council, a Code Enforcement Officer who shall be in
charge of the Office of Code Enforcement of the Borough of Northampton.
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 Office.
C.
Relief from personal liability. The Code Enforcement Officer or other
official or employee shall not, while acting for the Borough, render
himself liable personally because of any act or omission as required
or permitted in the discharge of his official duties. Any suit instituted
against such Code Enforcement Officer, official or employee, because
of any act performed by him in the lawful discharge of his duties,
shall be defended by the Solicitor of the Borough and in no case will
said officer, official or employee be liable for costs in any action,
suit or proceeding.
D.
Official record. An official record shall be kept of all business
and activities of the Office of Code Enforcement and all such records
shall be open to the public for inspection at all appropriate times.
A.
Enforcement by Code Enforcement Officer. The Code Enforcement Officer
shall enforce and administer all of the provisions of this article
and of those other applicable codes and ordinances which establish
the Office of Code Enforcement as their official administration and
enforcement agency.
B.
Duties of Code Enforcement Officer. 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 research and investigations, the establishment of appropriate
rules, the keeping of records, the issuance of written annual reports
and such other activities as may be required.
C.
Right of entry.
(1)
In the discharge of his duties, the Code Enforcement Officer or his
authorized representative shall, upon showing proper identification,
have the authority to enter, at any reasonable hour, any structure
or premises in the Borough to enforce the provisions of this article
and of those other applicable codes and ordinances. The assistance
and cooperation of all other Borough officials, including Police and
Fire Departments, shall be available to the Code Enforcement Officer
to assist in the performance of his duties and in securing right of
entry.
(2)
The owner, operator or occupant or other person in charge of any
structure or premises shall give the Code Enforcement Officer free
access thereto and it shall be unlawful to refuse or impede entrance
of the Code Enforcement Officer to said structure or premises for
the purpose of making any required inspection.
(3)
If any such owner, operator or other occupant or other person in
charge refuses or impedes any required or lawful inspection, the Borough
may seek, in a court of competent jurisdiction, an order that such
owner, occupant or person in charge shall cease and desist with such
interference.
[Amended 5-7-1981 by Ord. No. 939; 7-15-1993 by Ord. No. 1048]
A.
Permit required. An application for a permit shall be required in
accordance with the provisions of those other applicable codes and
ordinances which the Office of Code Enforcement has the responsibility
to administer. Said application shall be submitted in such form as
may be prescribed by the Code Enforcement Officer and shall be accompanied
by any required fee.
B.
Action on application. The Code Enforcement Officer shall examine
said application to determine compliance with those other applicable
codes and ordinances of the Borough and shall, within 15 days after
filing, either approve or reject said application. If said application
is rejected, the Code Enforcement Officer shall inform the applicant
in writing, stating the reasons for such rejection.
C.
Required fees.
(1)
Applicants for permits required by any of the following applicable
codes and ordinances shall pay, at the time of application, to the
Code Enforcement Officer, for use by the Borough, fees as established,
from time to time, by resolution of Borough Council:
(2)
All permits granted under any of the above applicable codes and ordinances
shall be good for a period of one year, provided that extensions may
be granted by the Code Enforcement Officer for good reason; except
that any permit granted for demolition activities shall be valid for
six months only and if such demolition work is not completed within
that time, any bond posted by the applicant shall be forfeited.
D.
Certificates. The following certificates shall be required in accordance
with the provisions of those other applicable codes or ordinances
which the Office of Code Enforcement has the responsibility to administer:
(1)
Certificate of use and occupancy. In accordance with the applicable
section of the BOCA Basic Building Code, 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 a certificate of use and occupancy
shall have been issued by the Code Enforcement Officer.
(2)
Certificate of approval. In accordance with the applicable sections
of the BOCA Basic Building Code, a certificate of approval shall be
required for any electrical or plumbing work completed under the provisions
of the applicable codes and ordinances. All applicants shall apply
to the Office of Code Enforcement for such a certificate of approval
within 30 days of the completion of the building, structure, work
or premises.
(3)
Other certificates. Any other permits, certificates or licenses as
required by the applicable codes and ordinances shall be obtained
by the applicant in accordance with the provisions of said applicable
codes and ordinances. Application for such permits, certificates or
licenses shall be made to the Code Enforcement Officer.
[Amended 7-18-1974 by Ord. No. 879; 7-15-1993 by Ord. No. 1048]
A.
Procedure in case of violations. Whenever the Code Enforcement Officer
determines that there are reasonable grounds to believe that there
has been a violation of any provision of this article, or of the other
applicable codes and ordinances, or of any rule or regulation adopted
pursuant thereto, he shall give notice of such alleged violation to
the responsible owner, operator or occupant as provided hereafter.
Said notice shall consist of the following:
(1)
It shall be in writing and shall be signed by the Code Enforcement
Officer.
(2)
It shall include a statement of the reasons why the notice is being
issued and the remedial actions required.
(3)
It shall allow a reasonable time for the initiation and correction
of the violation alleged or of the remedial actions required except
where emergency conditions exist which require immediate corrective
action.
B.
Penalties. Any person who shall violate any provision of this article
shall, upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000 and costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Provided: each day's
failure to comply with any such provision or requirement or any such
order shall constitute a separate offense. Provided further: the imposition
of penalties herein prescribed shall not preclude the solicitor representing
the Borough from initiating appropriate actions or proceedings at
law, or in equity, to effect the purposes of this article.
[Amended 8-13-1981 by Ord. No. 944; 7-15-1993 by Ord. No. 1048]
A.
Code Hearing Board. There is hereby established a Code Hearing Board
consisting of five members as appointed by the Borough Council of
the Borough of Northampton, said members to be appointed at the regular
meeting of Borough Council in January of each year to hold office
for two-year terms with the exception that the original Board, however,
shall have three members thereof appointed for three years and two
members thereof appointed for two years, and thereafter two members
shall be appointed during the odd-numbered years and three members
shall be appointed during the even-numbered years.
B.
Powers of the Code Hearing Board. The Code Hearing Board shall have
the following powers and duties:
(1)
Interpretation. On appeal from a determination of the Code Enforcement
Officer or on request of any Borough official, the Code Hearing Board
shall decide any questions involving the interpretation of any provision
of this article or of those other applicable codes and ordinances.
(2)
Variances. The Code Hearing Board may grant a variance where the
strict application of this article or of those other applicable codes
would result in practical difficulty or unnecessary hardship and where
the public health and safety shall not be jeopardized.
(3)
Decide appeals. The Code Hearing Board shall hear all appeals made
to it and, depending on its findings, shall decide whether such appeals
shall be granted.
C.
Requests for appeals or variances. Any person requesting a variance
or aggrieved by a decision of the Code Enforcement Officer or by any
other employee or official charged with the administration and enforcement
of this article or of those other applicable codes or ordinances,
may take an appeal to the Code Hearing Board. All appeals shall be
made in writing stating the grounds upon which the appeal is based
and shall be transmitted to the Office of Code Enforcement. An appeal
must be taken within 15 days of the action or of the receipt by written
notice of any decision or ruling which is being appealed.
D.
Appeals and variance procedure.
(1)
Public hearing. The Code Hearing Board shall meet and conduct a hearing
within 30 days of the receipt of an appeal or a request for a variance.
All hearings shall be public and all persons whose interest may be
affected shall be given an opportunity to be heard. A record shall
be kept of all evidence and testimony presented at the hearing.
(2)
Decision of the Board. All decisions of the Board shall be in writing
and a copy of each decision shall be sent to the applicant and to
the Code Enforcement Officer. The Code Hearing Board shall also retain
in its files a copy of each decision, which files shall be available
for inspection by the public. Each decision shall set forth fully
the reasons for the decision of the Code Hearing Board and the findings
of fact on which the decision was based. The Code Hearing Board shall
make an order on its decision and the Code Enforcement Officer shall
take immediate action to carry out said order.
E.
Appeals from the decision of the Code Hearing Board. Any person or
persons aggrieved by any final order or decision of the Code Hearing
Board may appeal such order or decision within 30 days to the Court
of Common Pleas in accordance with, as far as practicable, the Rules
of Civil Procedure of the Supreme Court regarding appeals from administrative
agencies.
F.
Reports by the Code Hearing Board. The Code Hearing Board shall report
to the Council of the Borough periodically, at intervals of not later
than 12 months. The report shall summarize all applications and appeals
made to it since the last report and shall contain a summary of the
Board's decision on each case. A copy of the report shall be
filed with the Code Enforcement Officer. The Code Hearing Board may
also submit to the Council of the Borough advisory reports recommending
changes and modifications in this article or in those other applicable
codes or ordinances.
G.
Code Hearing Board fee. The following fees will be established from
time to time by resolution of Borough Council:
[Adopted 6-3-2004 by Ord. No. 1122]
The Borough of Northampton hereby elects to administer and enforce
the provisions of the Pennsylvania Construction Code Act, Act 45 of
1999, 35 P.S. §§ 7210.101-72.10.1103, as amended from
time to time, and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401-405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the municipal building code of the Borough
of Northampton.
Administration and enforcement of the Code within the Borough
of Northampton shall be undertaken in any of the following ways as
determined by the governing body of the Borough of Northampton from
time to time by resolution:
A.
By the designation of an employee of the Borough of Northampton to
serve as the municipal code official to act on behalf of the Borough
of Northampton;
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Borough of Northampton and, as such,
the Borough of Northampton hereby appoints Michael Edelman, as an
independent contractor/agency to act on behalf of the Borough of Northampton;
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of this Act through an intermunicipal
agreement;
D.
By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of the Borough of Northampton;
E.
By entering into an agreement with the Pennsylvania Department of
Labor and Industry for plan review, inspections and enforcement of
structures other than one-family or two-family dwelling units and
utility and miscellaneous use structures.
A Board of Appeals shall be established by resolution of the
governing body of the Borough of Northampton in conformity with the
requirements of the relevant provisions of the code, as amended from
time to time, and for the purposes set forth therein. If at any time
enforcement and administration is undertaken jointly with one or more
other municipalities, said Board of Appeals shall be established by
joint action of the participating municipalities. Said election for
joint administration may be made by resolution of the Borough Council
of the Borough of Northampton.
All building code ordinances or portions of ordinances which
were adopted by the Borough of Northampton on or before July 1, 1999,
are hereby superseded and replaced by the Uniform Construction Code
and, further, all ordinances or parts of ordinances inconsistent herewith
are specifically repealed.
Fees assessable by the Borough of Northampton for the administration
and enforcement undertaken pursuant to this article and the code shall
be established by the governing body by resolution from time to time.
