[HISTORY: Adopted by the Borough Council of the Borough of
Wilmerding as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-17-2013 by Ord. No. 1021]
Pursuant to Section 3301.5 of the Borough Code (53 P.S. § 48301.5),
the codification of a complete body of legislation for the Borough
of Wilmerding, County of Allegheny, Commonwealth of Pennsylvania,
as revised, codified and consolidated into chapters, articles and
sections by General Code, and consisting of Chapters
1 through
300,
together with an Appendix, is hereby approved, adopted, ordained and
enacted as a single ordinance of the Borough of Wilmerding, which
shall be known and is hereby designated as the "Code of the Borough
of Wilmerding," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively
the same as those of ordinances and resolutions in force immediately
prior to the enactment of this ordinance, are intended as a continuation
of such ordinances and resolutions and not as new enactments, and
the effectiveness of such provisions shall date from the date of adoption
of the prior ordinance or resolution. All such provisions are hereby
continued in full force and effect and are hereby reaffirmed as to
their adoption by the Borough Council of the Borough of Wilmerding,
and it is the intention of said Borough Council that each such provision
contained within the Code is hereby reenacted and reaffirmed as it
appears in said Code. Only such provisions of former ordinances as
are omitted from this Code shall be deemed repealed or abrogated by
the provisions of §
1-3 below, and only new or changed provisions,
as described in §
1-6 below, shall be deemed to be enacted
from the effective date of this Code, as provided in §
1-15
below.
A. Repeal
of inconsistent ordinances. Except as provided in §
1-4,
Legislation saved from repeal; matters not affected by repeal, below,
all ordinances or parts of ordinances inconsistent with the provisions
contained in the Code adopted by this ordinance are hereby repealed
as of the effective date given in §
1-15; provided, however,
that such repeal shall only be to the extent of such inconsistency,
and any valid legislation of the Borough of Wilmerding which is not
in conflict with the provisions of the Code shall be deemed to remain
in full force and effect.
B. Repeal
of specific ordinances. The Borough Council of the Borough of Wilmerding
has determined that the following ordinances are no longer in effect
and hereby specifically repeals the following legislation:
(1) Former Chapter 5, Code Enforcement, Part 1, Building Code, of the
1989 Code.
(2) Former Chapter 5, Code Enforcement, Part 2, Electrical Code, of the
1989 Code.
(3) Former Chapter 5, Code Enforcement, Part 3, Fire Prevention Code,
of the 1989 Code.
(4) Former Chapter 5, Code Enforcement, Part 4, Existing Structures Code,
of the 1989 Code.
(5) Former Chapter 5, Code Enforcement, Part 6, Building and Fire Code
Permits, of the 1989 Code.
The adoption of this Code and the repeal of ordinances provided
for in §
1-3 of this ordinance shall not affect the following
ordinances, rights and obligations, which are hereby expressly saved
from repeal; provided, however, that the repeal of ordinances pursuant
to §
1-3 or the saving from repeal of ordinances pursuant
to this section shall not be construed so as to revive any ordinance
previously repealed, superseded or no longer of any effect:
A. Any
ordinance adopted subsequent to September 3, 2013.
B. Any
right or liability established, accrued or incurred under any legislative
provision of the Borough prior to the effective date of this ordinance
or any action or proceeding brought for the enforcement of such right
or liability or any cause of action acquired or existing.
C. Any
offense or act committed or done before the effective date of this
ordinance in violation of any legislative provision of the Borough
or any penalty, punishment or forfeiture which may result therefrom.
D. Any
prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this ordinance,
brought pursuant to any legislative provision of the Borough.
E. Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Borough or any lawful contract, obligation or
agreement.
F. Any
ordinance appropriating money or transferring funds, promising or
guaranteeing the payment of money or authorizing the issuance and
delivery of any bond of the Borough or other instruments or evidence
of the Borough's indebtedness.
G. Any
ordinance adopting an annual budget or establishing an annual tax
rate.
H. Any
ordinance providing for the levy, imposition or collection of special
taxes, assessments or charges.
I. Any
ordinance authorizing the purchase, sale, lease or transfer of property
or acquiring property by acceptance of deed, condemnation or exercise
of eminent domain.
J. Any
ordinance annexing land to the Borough.
K. Any
ordinance providing for or requiring the construction or reconstruction
or opening of sidewalks, curbs and gutters.
L. Any
ordinance or part of an ordinance providing for laying out, opening,
altering, widening, relocating, straightening, establishing grade,
changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, sidewalk, park or other public place
or property or designating various streets as public highways.
M. Any
ordinance establishing water, sewer or other special purpose districts
and designating the boundaries thereof; providing for a system of
sewers or water supply lines; or providing for the construction, extension,
dedication, acceptance or abandonment of any part of a system of sewers
or water supply lines.
N. Any
ordinance providing for the making of public improvements.
O. Any
ordinance providing for the salaries and compensation of officers
and employees of the Borough or setting the bond of any officer or
employee.
P. Any
ordinance concerning changes and amendments to the Zoning Map.
Q. Any
ordinance relating to or establishing a pension plan or pension fund
for municipal employees.
R. Any
ordinance or portion of an ordinance establishing a specific fee amount
for any license, permit or service obtained from the Borough.
S. Any
currently effective ordinance providing for intergovernmental cooperation
or establishing an intermunicipal agreement.
All ordinances of a general and permanent nature adopted subsequent
to the date given in §
1-4A and/or prior to the date of
adoption of this ordinance are hereby deemed to be a part of the Code
and shall, upon being printed, be included therein. Attested copies
of all such ordinances shall be temporarily placed in the Code until
printed supplements are included.
A. Nonsubstantive
changes. In compiling and preparing the ordinances and resolutions
of the Borough for adoption and revision as part of the Code, certain
nonsubstantive grammatical and style changes were made in one or more
of said ordinances and resolutions. It is the intention of the Borough
Council that all such changes be adopted as part of the Code as if
the ordinances and resolutions so changed had been previously formally
amended to read as such.
B. The
following outdated terms, where they appeared in the Borough's
ordinances, have been changed:
(1) "Justice of the Peace," "District Magistrate" or "Alderman" will
be changed to "Magisterial District Judge."
(2) "Department of Environmental Resources" will be changed to "Department
of Environmental Protection."
(3) "Department of Community Affairs" will be changed to "Department
of Community and Economic Development."
C. Outdated
statutory references have been updated to reflect current numbering
in state statutes.
D. Substantive
changes and revisions. In addition to the changes and revisions described
above, changes and revisions of a substantive nature, as set forth
in Schedule A attached hereto and made a part hereof, are hereby made
to various ordinances and resolutions included in the Code. These changes are enacted to bring provisions into conformity
with the desired policies of the Borough Council, and it is the intent
of the Borough Council that all such changes be adopted as part of
the Code as if the legislation so changed had been previously formally
amended to read as such. All such changes and revisions shall be deemed
to be in effect as of the effective date of the Code specified in
§
1-15.
In interpreting and applying the provisions of the Code, they
shall be held to be the minimum requirements for the promotion of
the public health, safety, comfort, convenience and general welfare.
Where the provisions of the Code impose greater restrictions or requirements
than those of any statute, other ordinance, resolution or regulation,
the provisions of the Code shall control. Where the provisions of
any statute, other ordinance, resolution or regulation impose greater
restrictions or requirements, the provisions of such statute, other
ordinance, resolution or regulation shall control.
A. Chapter
and article titles, headings and titles of sections and other divisions
in the Code or in supplements made to the Code are inserted in the
Code and may be inserted in supplements to the Code for the convenience
of persons using the Code and are not part of the legislation.
B. Editor's
notes indicating sources of sections, giving other information or
referring to the statutes or to other parts of the Code are inserted
in the Code and may be inserted in supplements to the Code for the
convenience of persons using the Code and are not part of the legislation.
At least one copy of the Code in a post-bound volume shall be
filed with the Ordinance Book in the office of the Borough Secretary
and shall remain there for use and examination by the public. Upon
adoption, such copy or copies shall be certified to by the Borough
Secretary, as provided by law, and such certified copy or copies shall
remain on file in the office of the Borough Secretary, available to
persons desiring to examine the same during all times while said Code
is in effect.
Any and all additions, deletions, amendments or supplements
to the Code, when passed and adopted in such form as to indicate the
intention of the Borough Council to be a part thereof, shall be deemed
to be incorporated into such Code so that reference to the Code shall
be understood and intended to include such changes. Whenever such
additions, deletions, amendments or supplements to the Code shall
be adopted, they shall thereafter be printed and, as provided hereunder,
inserted in the post-bound book containing said Code as amendments
and supplements thereto.
It shall be the duty of the Borough Secretary or someone authorized
and directed by him or her to keep up-to-date the certified copy or
copies of the book containing the Code required to be filed in the
office of the Borough Secretary for the use of the public. All changes
in said Code and all legislation adopted by the Borough Council subsequent
to the effective date of this codification which the Borough Council
shall adopt specifically as part of the Code shall, when finally adopted,
be included therein by reference until such changes or new legislation
are printed as supplements to said Code books, at which time such
supplements shall be inserted therein.
The Borough Secretary, pursuant to law, shall cause to be published
in the manner required a notice of the introduction and of the adoption
of the Code in a newspaper of general circulation in the Borough.
The enactment and application of this ordinance, coupled with the
publication of the notice of introduction, the availability of a copy
or copies of the Code for inspection by the public and the filing
of an attested copy of this ordinance with the county, as required
by law, shall be deemed, held and considered to be due and legal publication
of all provisions of the Code for all purposes.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, or to alter or tamper with the Code or
any part or portion thereof in any manner whatsoever which will cause
the law of the Borough to be misrepresented thereby. Any person who
violates or permits a violation of this section of this ordinance
shall, upon being found liable therefor in a civil enforcement proceeding,
pay a fine of not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Borough in the enforcement
of this chapter. No judgment shall be imposed until the date of the
determination of the violation by the Magisterial District Judge.
If the defendant neither pays nor timely appeals the judgment, the
Borough may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Borough are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
The provisions of this ordinance and of the Code adopted hereby
are severable, and if any clause, sentence, subsection, section, article,
chapter or part thereof shall be adjudged by any court of competent
jurisdiction to be illegal, invalid or unconstitutional, such judgment
or decision shall not affect, impair or invalidate the remainder thereof
but shall be confined in its operation and application to the clause,
sentence, subsection, section, article, chapter or part thereof rendered
illegal, invalid or unconstitutional. It is hereby declared to be
the intent of the Borough Council that this ordinance and the Code
would have been adopted if such illegal, invalid or unconstitutional
clause, sentence, subsection, section, article, chapter or part thereof
had not been included therein.
All provisions of this ordinance and of the Code shall be in
force and effect on and after December 17, 2013.
[Adopted 12-2-2008 by Ord. No. 1005]
Minimum fines for violations of all Borough ordinances are hereby
set at $300 for each violation; this increase shall apply to any and
all ordinances which establish or set a civil or criminal penalty
for violations of an ordinance.