[Amended 1-20-1976 by Ord. No. 2]
It shall be the duty of the Zoning Officer, who shall be a duly
appointed representative of the Borough Council, hereinafter referred
to as "agent," to enforce the provisions of this chapter. The agent
shall examine all applications for permits, issue permits for construction
and uses which are in accordance with the requirements of this chapter,
record and file all applications for permits with accompanying plans
and documents, and make such reports as the Borough Council may require.
He shall also identify and register all nonconforming uses and nonconforming
structures.
[Amended 1-20-1976 by Ord. No. 2]
A.
Permit requirements. A building permit shall be required prior to
the erection, addition, or alteration of any building or portion thereof,
prior to the use or change in use of a building or land, and prior
to the change or extension of a nonconforming use. It shall be unlawful
for any person to commence work for the erection or alteration of
any building until a building permit has been duly issued therefor.
B.
Application for building permits. All applications for building permits
shall be accompanied by plans in duplicate, drawn to scale, showing
the actual shape and dimensions of the lot to be built upon, the exact
size and location of any buildings existing on the lot, the lines
within which the proposed building or structure shall be erected or
altered, the existing and intended use of each building or part of
a building, the number of families or dwelling units the building
is designed to accommodate and such information as may be necessary
to determine compliance with this chapter and all other pertinent
ordinances. One copy of such plans shall be returned to the owner
when such plans shall be approved by the Borough Council. All applications
with accompanying plans and documents shall become a public record
after a permit is issued or denied.
C.
Issuance of permits. No building permit shall be issued until the
agent has certified that the proposed building, addition, or alteration
complies with all the provisions of this chapter, as well as with
all of the provisions of the Uniform Construction Code.[1]
D.
Temporary permits. A temporary permit may be authorized by the Zoning
Hearing Board for a nonconforming structure or use which it deems
necessary to promote the proper development of the community, provided
that such nonconforming structure or use shall be completely removed
upon expiration of the permit without cost to the Borough. Such permits
shall be issued for a specified period of time, not to exceed one
year, and may be renewed annually for an aggregate period not exceeding
three years.
It shall be the duty of the agent, or his duly appointed representative,
to make the following minimum number of inspections of property for
which a building permit has been issued:
A.
At the beginning of construction, a record shall be made indicating
the time and date of the inspection and the findings of the agent
in regard to conformance of the construction with the application
for the building permit.
(1)
If the actual construction does not conform to the application, a
written notice of a violation shall be issued by the agent, and such
violation shall be discontinued. Upon proper correction of the violation
and receipt of written notice from the agent, construction shall proceed.
B.
At the completion of construction, a record shall be made indicating
the time and date of the inspection, the findings of the agent in
regard to conformance to this chapter, and the opinion of the agent
in regard to the issuance of a certificate of use permit.
A certificate of use shall be a statement issued by the agent
setting forth either that a building, structure or parcel of land
complies with the provisions of this chapter, or that a building or
structure lawfully may be employed for specified uses under the provisions
of this chapter, or both.
A.
No vacant land shall be occupied or used, and no structure or part
of a structure, hereafter erected, structurally altered or changed
in use, shall be used or changed in use until a certificate of use
shall have been regularly issued therefor by the agent.
B.
A certificate of use, either for the whole or part of a new building
or for the alteration of an existing building, shall be applied for
coincident with the application for a building permit and shall be
issued within 15 days after the erection or alteration of such building
or part shall have been completed in conformity with the provisions
of this chapter.
C.
A certificate of use for the use or occupancy of vacant land or for
a change in the use of land, or for a change in the use of an existing
building, shall be applied for and issued before any such land shall
be occupied or used, or such land or building changed in use, and
such certificate shall be issued within 15 days after application
has been made, provided such proposed use is in conformity with the
provisions of this chapter.
D.
A certificate of use for changing or extending a nonconforming use,
existing at the time of the passage of this chapter or of an amendment
thereto, shall be applied for and issued before any such nonconforming
use shall be changed or extended. Such certificate shall be issued
within 15 days after application has been made, provided such proposed
change or extension is in conformity with the provisions of this chapter.
E.
A record of all certificates of use shall be kept on file in the
office of the agent, and a copy shall be furnished on request to any
person having a proprietary or tenancy interest in the building or
land affected.
Failure to secure a building permit or Zoning Hearing Board
certificate, when required, previous to the erection, construction,
extension or addition to a building or failure to secure a certificate
of use permit shall be a violation of this chapter.
[Amended 1-20-1976 by Ord. No. 2; 3-2-1992 by Ord. No. 1; 3-3-1997 by Ord. No. 3-4-B; 4-7-1997 by Ord. No. 4-1]
A.
Enforcement notice. If the Zoning Officer shall find that any of
the provisions of this chapter are being violated, the Zoning Officer
shall issue a written enforcement notice to the person responsible
for such violation. The enforcement notice shall contain the following
information:
(1)
The name of the owner of record and any other person against whom
the Borough intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a prescribed period of time in accordance with
procedures set forth in this chapter.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
B.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough, pay a judgment of not more than $500, plus
all court costs, including reasonable attorney fees incurred by the
Borough as a result thereof. No judgment shall commence or be imposed,
levied or payable until the date of the determination of a 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 that
a violation continues shall constitute a separate violation, unless
the Magisterial District Judge determining that there has been a violation
further determines that there was a good faith basis for the person,
partnership or corporation violating this chapter to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation until the fifth day following
the date of the determination of a violation by the Magisterial District
Judge, and thereafter, each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorney
fees collected for the violation of this chapter shall be paid over
to the Borough.[1]
(2)
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
(3)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this section.
C.
Causes of action. In case any building, structure, landscaping or
land is, or is proposed to be, erected, constructed, reconstructed,
altered, converted maintained or used in violation of this chapter,
Borough Council, or, with the approval of Borough Council, any officer
of the Borough, in addition to other remedies, may institute any appropriate
action or proceeding to correct or abate such building, structure,
landscaping or land or to prevent, in or about such premises, any
act, conduct, business or use constituting a violation.
An appeal or application for a special exception or variance
from the terms of this chapter may be filed with the agent and shall
state:
A.
The name and address of the applicant.
B.
The name and address of the owner of the real estate to be affected
by such proposed exception or variance.
C.
A brief description and location of the real estate to be affected
by such proposed change.
D.
A statement of the present zoning classification of the real estate
in question, the improvements thereon, and the present use thereof.
E.
A statement of the section of this chapter under which the variance
or exception requested may be allowed and reasons why it should be
granted.
F.
A reasonably accurate description of the present improvements and the additions intended to be made under this application, indicating the size of such proposed improvements, material, and general construction thereof. In addition, there shall be attached a plot plan of the real estate to be affected (see § 500-58B of this article), indicating the location and size of the lot and size of improvements now erected and proposed to be erected thereon.
A.
It shall be the duty of the Secretary of the Zoning Hearing Board
to issue a Zoning Hearing Board certificate, which shall indicate
the action of the Zoning Hearing Board on applications for a special
exception or a variance or opinion on review. The Zoning Hearing Board
may cancel or revoke a Zoning Hearing Board certificate for any violation
of this chapter or of conditions imposed.
B.
Certificate of nonconformance. An application for a certificate of
nonconformance may be made to the agent by the owner of any property
which, at the time of the effective date of this chapter, does not
conform to the provisions of this chapter. This certificate shall
be for the purpose of insuring to such owner the right to continue
a nonconforming use, and a copy of the certificate of nonconformance
shall be retained by the agent.[1]
