[Ord. 1992-6, 4/28/1992, § 1]
This Part shall be known as and may be cited as the "Burnham
Borough Ordinance Enforcement Department Ordinance."
[Ord. 1992-6, 4/28/1992, § 2]
The purpose of this Part is as follows:
A.
To establish a Department within the Borough to enforce the various
ordinances of the Borough on behalf of the Borough and in its name,
in lieu of said ordinances being enforced by a police officer;
B.
To provide direction for the hiring of appropriate personnel, and
the scope of the duties of said personnel; and,
C.
To otherwise provide for enforcement officers, on behalf of the Borough;
to administer and enforce the various ordinances of the Borough for
which enforcement officers or agents have not heretofore been appointed
by a specific ordinance relating thereto, all for the proper management
of the Borough and for the safety and welfare of the Borough and of
its residents.
[Ord. 1992-6, 4/28/1992, § 3]
The following words shall be defined as follows in relation
to this Part:
The Borough of Burnham.
The Department of Ordinance Enforcement of the Borough or
the Department officers.
An employee of the Borough in the Department of Ordinance
Enforcement who has been appointed by Borough Council, employed on
either a full-time basis or on a part-time basis, and/or on a permanent
or temporary basis, to carry out the responsibilities and exercise
the powers of an Officer of the Department of Ordinance Enforcement,
as more fully noted herein.
The person appointed by the Borough Council to administer the Department of Ordinance Enforcement and to enforce on behalf of the Borough the various ordinances of the Borough adopted from time to time, and he shall at all times be one and the same person as the appointed Zoning Officer per the Burnham Borough Zoning Ordinance of 1973, Ordinance No. 1973-8, as amended [Chapter 27], and as it may further be amended or supplemented or superseded from time to time, and as the Building Inspector per the Burnham Borough Housing Ordinance of 1969, Ordinance No. 1969-9 [Chapter 11], as it may further be amended or supplemented or superseded from time to time.
A person, either a full or a part time employee, or a permanent
or a temporary employee, appointed by the Borough Council to enforce
on behalf of the Borough the various ordinances of the borough adopted
from time to time, in the same manner as the Ordinance Enforcement
Officer and in addition to the Ordinance Enforcement Officer or, in
the alternative, in the case of the absence or disability of the Enforcement
Officer.
[Ord. 1992-6, 4/28/1992, § 4]
The Department shall keep official records of all business and
activities of the Department.
[Ord. 1992-6, 4/28/1992, § 5]
At least annually, the Ordinance Enforcement officer shall submit
to the Borough Council a written statement of operations in the form
and content as shall be prescribed by Borough Council from time to
time.
[Ord. 1992-6, 4/28/1992, § 6]
The duties of the Ordinance Enforcement Officer, or any Deputy
Ordinance Enforcement Officer, shall include the issuance of all necessary
notices and orders to abate illegal or unsafe conditions and as otherwise
required by the various ordinances of the Borough, to take all appropriate
and proper actions to insure compliance with the various ordinances
of the Borough adopted from time to time by the Borough, to undertake
investigations in relation to the enforcement or compliance with the
various ordinances of the Borough adopted from time to time by the
Borough, to issue tickets for vehicle parking violations pursuant
to the ordinances of the Borough, to otherwise have such powers as
are reasonably necessary to enforce the various ordinances of the
Borough, to sign and to file on behalf of the Borough appropriate
enforcement actions in the office of the District Justice, or otherwise,
as may be provided by law, and, in addition, to have such investigative
powers and duties as may be specifically assigned and granted to him
in the various ordinances of the Borough, or as may be assigned and
granted to him from time to time by direction of Borough Council so
as to act on behalf of the Borough; nonetheless, anything herein to
the contrary notwithstanding, while he is hereby given the power and
authority to enforce the various ordinances of the Borough when acting
within the scope of his employment, he shall not have the power to
arrest.
[Ord. 1992-6, 4/28/1992, § 7]
The Ordinance Enforcement Officer, or any Deputy, shall disclose
proper credentials of his office for the purpose of inspecting any
premises or otherwise in the performance of his duties.
[Ord. 1992-6, 4/28/1992, § 8]
The Ordinance Enforcement Officer, or any Deputy, who acts in
good faith and without malice in the discharge of his duties shall
not thereby be rendered personally liable and the Ordinance Enforcement
Officer, or any Deputy, is hereby relieved from all personal liability
for any damage that may accrue to persons or property as a result
of any act, required or permitted, or any omission in the discharge
of his official duties. Any suit instituted against the Ordinance
Enforcement Officer, or any Deputy because of an act performed by
that person in the lawful discharge of his duties shall be defended
by the Borough Solicitor or his designee, or by appropriate insurance
company counsel, as applicable, until the final termination of the
proceedings. The Ordinance Enforcement Officer, or his Deputy, shall
not be liable for the costs in any such action, suit or proceeding.
This Section relates only to actions which are civil in nature and,
accordingly, it does not relate to charges, if any, brought against
said person or persons pursuant to the criminal law of the Commonwealth
of Pennsylvania or the criminal law of The United States of America.
[Ord. 1992-6, 4/28/1992, § 10]
Any ordinance or part of any ordinance, or any resolution or part of any resolution, or any motion or part of any motion conflicting with the provisions of this Part, is and are repealed, superseded and supplanted insofar as the same affects this Part or is inconsistent with this Part. Nonetheless, anything herein to the contrary notwithstanding, this Part shall specifically not be deemed to repeal, supersede or supplant any provisions of the Burnham Borough Zoning Ordinance of 1973, Ordinance No. 1973-8, as amended [Chapter 27], and/or any provisions of the Burnham Borough Housing Ordinance of 1969, Ordinance No. 1969-9, as amended [Chapter 11].
