[HISTORY: Adopted by the Borough Council of the Borough of Greenville 12-11-1973 by Ord. No. 1004 (Ch. 5, Part 1, of the 2006 Code of Ordinances.) Amendments noted where applicable.]
GENERAL REFERENCES
Construction codes — See Ch. 222.
Property maintenance — See Ch. 384.
[Amended 3-11-1980 by Ord. No. 1092; 9-9-1980 by Ord. No. 1100; 8-8-2006 by Ord. No. 1455]
A. 
Creation of Office of Code Enforcement. There is hereby created by Council an office to be known as the "Office of Code Enforcement." The office shall have the responsibility for the administrating and enforcing the provisions of this chapter and the following chapters and/or codes: Borough of Greenville Building Code, Plumbing Code, Electrical Code, Property Maintenance Code and Fire Prevention Code.[1]
[1]
Editor's Note: See Ch. 222, Construction Codes.
B. 
Designation of Code Enforcement Officers. There shall be, by resolution of Council, a Building Inspector, a Fire Inspector and a Health Inspector; the Building Inspector shall be in charge of the enforcement of the Borough's Building Code, Plumbing Code and Electrical Code, the Fire Inspector shall be in charge of enforcement of the Borough's Fire Prevention Code; the Health Inspector shall be jointly in charge of the enforcement of the Greenville Property Maintenance Code along with the Building Inspector. The Code Enforcement Officers shall supervise such other employees as shall be necessary for the administration and execution of the responsibilities of said offices. The Building Inspector shall be an employee of the Borough. The aforesaid designated Code Enforcement Officers are to be appointed subject to their several qualifications and performance and until such time as a particular officer fails to perform his duties properly in connection with code enforcement.
C. 
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 Officers. The Code Enforcement Officers shall enforce and administer all of the provisions of this chapter 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 Officers. The duties of the Code Enforcement Officers shall include the receipt of applications, the approving of permits, the issuance of notices, certificates and orders, the making of inspections, the undertaking of research and investigations to determine the conformance with applicable codes and ordinances, the keeping of records, the issuance of written annual reports and such other activities as may be required.
C. 
Right of entry. In discharge of his duties as Code Enforcement Officer, he shall, upon proper identification and under limitations of the Constitution of the United States, have the authority to enter at any reasonable hour any structure or premises in the Borough to enforce the provisions of this chapter and of those other applicable codes and ordinances for which a building permit has been issued, or by invitation of the owner, occupant or operator of any structure, or on the basis of a signed written formal complaint form from any person, which complaint would be made available for inspection by all parties involved therein.
[Amended 8-9-1977 by Ord. No. 1050; 8-8-2006 by Ord. No. 1455]
A. 
An application for permit shall be required in accordance with the provisions set forth in the applicable codes and ordinances which the Office of Code Enforcement has the responsibility to administer. The application shall be submitted in such form as prescribed by the Code Enforcement Officer and shall be accompanied by the required fee.
B. 
Action on application. The Code Enforcement Officer shall examine the application to determine compliance with those other applicable codes and ordinances of the Borough and shall, within 30 days after filing, either approve or reject said application. If the application is rejected, the Code Enforcement Officer shall inform the applicant, in writing, stating reasons for such rejection.
C. 
It shall be unlawful for any property owner, agent of any property owner, contractor or any person actively engaged in a building trade to proceed with any activity requiring a permit prior to the issuance of a permit by the Code Enforcement Officer. It shall be the duty of the property owner or his agent to secure the required permit and the duty of the contractor or building tradesman to verify the issuance of the required permit before proceeding with any activity requiring a permit. A permit shall only be issued to either the property owner or the named contractor. Any and all contractors and building tradesman engaged in any activity requiring a permit shall register annually with the Borough and shall provide the Borough with a certificate of insurance that provides proof of liability coverage for the duration of the work and for a covered amount of at least $100,000. The application for registration shall be in such form as prescribed by the Code Enforcement Officer. Failure to secure a permit shall be a violation of the applicable code or ordinance.
D. 
Owner. A permit required by any of the following applicable codes and ordinances may be issued to any person to do work in a dwelling used exclusively for living purposes, including an accessory building, in the event that such person is a bona-fide owner or agent of such dwelling.
E. 
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 permit issuing agent, for use by the Borough, fees according to the following schedule and procedure:
(a) 
The fees required for permits under the International Building Code, the National Electrical Code, International Plumbing Code and International Fire Code shall be 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 maximum period of 12 months; provided, that extensions may be requested, in writing, and such extensions may be granted by the Code Enforcement Officer for good reason; except that any permit granted for demolition activities shall be valid for three months only and if such work is not completed within that time, any bond posted by the applicant shall be forfeited.
F. 
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 § 118.0 of the International 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 part, until such a certificate of use and occupancy shall have been issued by the Code Enforcement Officer.
(2) 
All applicants shall within 30 days of the completion of the building, structure or premises shall be furnished with a certificate of approval from the Office of Code Enforcement.
[Amended 8-8-2006 by Ord. No. 1455]
Procedures 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 chapter, 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. The notice shall consist of the following:
A. 
It shall be in writing and shall be signed by the Code Enforcement Officer.
B. 
It shall include a statement of the reasons why the notice is being issued and remedial actions required.
C. 
It shall allow a reasonable time for the initiation and correction of the violations alleged or of the remedial actions required except where emergency conditions exist which require immediate corrective action.
D. 
Any person who fails to correct a violation or take remedial action as ordered by the Code Enforcement Officer or who violates a provision of this chapter or the applicable codes or ordinances shall upon conviction thereof be subject to a fine not exceeding $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 that a violation of this chapter continues or each section of this chapter which is found to have been violated shall constitute a separate offense.
[Amended 9-9-1980 by Ord. No. 1100; 8-8-2006 by Ord. No. 1455]
A. 
Right to appeal.
(1) 
There is hereby created a Code Appeals Board consisting of five members, none of whom shall be an officer or employee of the Borough, to conduct hearing authorized by this chapter or other applicable codes and ordinances. The term of office of each Appeals Board member shall be five years, except for the initial term which shall be determined on a staggered expiration basis for each member so appointed, one member to expire each year. For voting purposes, three members shall constitute a quorum.
(2) 
The Code Enforcement Officer shall be present at all meetings of the Code Appeals Board. Appointments to fill vacancies shall be only for the unexpired portion of the term.
(3) 
One member of said Board shall be either an architect, structural engineer, building contractor or building tradesman, one member shall be either a mechanical engineer, plumbing contractor or journeyman plumber, one member shall be from or associated with the medical or health profession, one member shall be chosen at large. In the event that members cannot be obtained with the above classification and quantity, a member need only be a resident of the Borough.
B. 
Powers of the Code Appeals Board. The Code Appeals Board shall have the following powers and duties:
(1) 
Interpretation. On appeal from the determination of the Code Enforcement Officer, or on the request of any Borough official, the Code Appeals Board shall decide any questions involving the interpretations of any provision of the Greenville International Building Code, Greenville National Electric Code, Greenville International Plumbing Code, Greenville International Property Maintenance Code[1] or any other code or ordinance over which the Appeals Board is given jurisdiction. Such codes and ordinances being referred to in this section as "applicable codes and ordinances."
[1]
Editor's Note: See Ch. 222, Construction Codes.
(2) 
Variances. The Code Appeals Board may grant a variance where the strict application of this chapter or of those other applicable code and ordinances would result in practical difficulty or unnecessary hardship and where the public health and safety shall not be jeopardized.
(3) 
Decide appeals. The Code Appeals Board shall hear all appeals made to it and depending on its findings decide whether the appeal should be granted.
C. 
Request 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 chapter or of those other applicable codes and ordinances may take an appeal to the Code Appeals 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. Appeals shall be taken within 30 days of the action or of the receipt by written notice of any decision or ruling which is being appealed.
D. 
Appeals and variance procedures.
(1) 
Public hearing. The Code Appeals Board shall meet and conduct a hearing within 30 days of the receipt of an appeal or 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 hearings. The records shall be by stenographic or other means.
(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 Appeals Board shall also retain in its file a copy of each decision, which file shall be available for inspection by the public. Each decision shall set forth fully the reasons for the decision of the Code Appeals Board and the findings of fact upon which the decision was based. The Code Appeals Board shall make an order on its decision and the Code Enforcement Officer shall take immediate action to carry out said order.
E. 
Reports by the Code Appeals Board. The Code Appeals Board shall report to Council periodically, at intervals of not later than 12 months. The reports shall summarize all applications and appeals made to it since the last preceding report and shall contain a summary of the Board's decision in each case. A copy of the report shall be filed with the Code Enforcement Officer. The Code Appeals Board may also submit to Council reports recommending changes and modifications in this chapter or in those other applicable codes and ordinances.
This chapter shall be known and may be cited as the "Code Enforcement Ordinance of the Borough of Greenville, Pennsylvania."