[Ord. 415, 11/19/1997, § 1]
1.
Title. This Part shall be known and may be cited as the "Code Enforcement
Ordinance of Lower Swatara Township."
2.
Purpose. The purpose of this Part is to provide for the administration
and enforcement of this Part, the technical codes and any other codes
and ordinances adopted by Lower Swatara Township.
3.
Scope. The provisions of this Part shall serve as the administrative,
organizational and enforcement rules and regulations for the technical
codes which regulate the site preparation and construction, alteration,
moving, demolition, repair, use and occupancy of buildings, structures
and building service equipment and any other codes and ordinances
within Lower Swatara Township.[1]
[Ord. 415, 11/19/1997, § 2]
1.
Creation of the Department of Code Enforcement. There is hereby created
by the Board of Commissioners a department of Lower Swatara Township
to be known as the "Department of Code Enforcement," which shall be
under the administrative and operational control of the Code Enforcement
Officer. The Code Enforcement Officer shall have the responsibility
for administering and enforcing the provisions of this Part, the technical
codes and those other codes and/or ordinances of the Township herein
referred to as the "applicable codes and ordinances," which designate
said Department of Code Enforcement as their official administrative
and enforcement authority.
2.
General. Whenever the term or title "administrative authority," "responsible
officer," "officer," "building official," "code official" "chief inspector,"
"code enforcement officer" or other similar designation is used herein
or in any of the technical codes, it shall be construed to mean the
code enforcement officer appointed by the Board of Commissioners of
Lower Swatara Township.
3.
Department Records. An official record shall be kept of all business
and activities of the Department of Code Enforcement, and all such
records shall be open to the public for inspection at all appropriate
times except that no individual, owner, operator, occupant or other
person shall be subject to unwarranted invasion of privacy and except
that all evidence or information obtained in the course of any inspection
shall be considered privileged information and shall be kept confidential
in order to maintain the integrity and security of such records. Such
evidence or information shall not be disclosed except as may be necessary
in the judgment of the Code Enforcement Officer for the proper and
effective administration and enforcement of the provisions of this
Part and shall not otherwise be made public without the consent of
the owner, occupant, operator or other person in charge of the unit,
structure or premises inspected. Such records shall be retained in
the official records so long as the building or structure to which
they related remains in existence unless otherwise provided by other
regulations.
4.
Annual Report. At least annually, the Code Enforcement Officer shall
submit to the Board of Commissioners a written statement of operations
in the form and content as shall be prescribed by the Board.
[Ord. 415, 11/19/1997, § 3]
1.
Appointment of Code Enforcement Officer. There shall be appointed
by the Board of Commissioners of Lower Swatara a Code Enforcement
Officer who shall be in charge of the Department of Code Enforcement
of Lower Swatara Township. 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 department as appointed
and approved by the Board of Commissioners of Lower Swatara Township.
Said Code Enforcement Officer and other personnel shall consist of
employees directly hired and compensated by Lower Swatara Township.
The Code Enforcement Officer shall not be removed from office except
for cause and after full opportunity to be heard on specific and relevant
charges by and before the Board of Commissioners.
2.
Relief from Personal Liability.
A.
The Code Enforcement Officer, other official or employee charged
with the administration and enforcement of this Part and technical
codes and those other codes and/or ordinances of the Township who
act in good faith and without malice in the discharge of duties shall
not thereby be rendered liable personally and is hereby relieved from
all personal liability for any damage accruing to persons or property
as a result of any act required or omission in the discharge of official
duties. Any suit instituted against the Code Enforcement Officer or
employee because of such act or omission performed by that Code Enforcement
Officer or employee in the lawful discharge of duties and under the
provisions of this Part shall be defended by the legal representative
of Lower Swatara Township until the final termination of the proceedings,
and any judgment resulting therefrom shall be assumed by Lower Swatara
Township. The Code Enforcement Officer or any subordinate shall not
be liable for costs in any action, suit or proceeding that is instituted
in pursuance of the provisions of this Part, the technical codes and
those other codes and/or ordinances which designated said Department
of Code Enforcement as their official administration and enforcement
authority. Any officer of the Department of Code Enforcement, acting
in good faith and without malice, shall be free from liability for
acts performed under any of its provisions or by reason of any act
or omission in the performance of official duties in connection therewith.
B.
This Part and the technical codes shall not be construed to relieve
from or lessen the responsibility of any person owning, operating
or controlling a building, structure or building service equipment
therein for damages to persons or property caused by defects, nor
shall the Code Enforcement Officer of Lower Swatara Township be held
as assuming such liability by reason of the inspections authorized
by this Part or technical codes or permit or certificates issued under
said codes.
3.
Deputy. The Code Enforcement Officer is authorized to designate an
employee as deputy who shall exercise all the powers of the Code Enforcement
Officer during the temporary absence or disability of the Code Enforcement
Officer in accordance with prescribed procedures and with the approval
of the Board of Commissioners.
4.
Restriction of Employees. An official or employee with the Department
of Code Enforcement shall not be engaged in or directly or indirectly
connected with the furnishing of labor, materials or appliances for
the construction, alteration or maintenance of a building, or the
preparation of plans or of specifications thereof, unless that person
is the owner of the building; nor unless that person is the owner
of the building; nor shall such officer or employee engage in any
work which conflicts with official duties or with interests in the
Department.[1]
[Ord. 415, 11/19/1997, § 4]
1.
Enforcement of Codes. The Code Enforcement Officer shall enforce
and administer all of the provisions of this Part and of those other
applicable technical codes and ordinances which establish the Department
of Code Enforcement as their official administration and enforcement
authority. For such purposes, he shall have the powers of a law enforcement
officer.
2.
Duties. The duties of the Code Enforcement Officer shall include:
the receipt of applications and issuance of permits for the construction,
erection, addition to, alteration, repair, removal, demolition, installation
of service equipment (plumbing, electrical, mechanical), and the location,
change, use, occupancy and maintenance of all buildings and structures
located within or moved into Lower Swatara Township; the issuance
of all necessary notices and orders to abate illegal or unsafe condition
to insure compliance with this Part, and those other applicable codes
and/or ordinances for the safety, health and general welfare of the
public; the making of inspections to determine compliance with the
applicable codes and ordinances; the undertaking and investigations
and such other activities as may be required.
3.
Credentials. The Code Enforcement Officer or his authorized representative
shall disclose proper credentials of their respective department for
the purpose of inspecting any and all buildings and premises in the
performance of duties under the applicable technical code and/or ordinance
where requested.
4.
Coordination of Enforcement. Whenever, in the opinion of the Code
Enforcement Officer initiating an inspection under the applicable
technical codes and/or ordinances, it is deemed necessary or desirable
to have inspections by any other department, the Code Enforcement
Officer shall make reasonable effort to arrange for the coordination
of such inspections so as to minimize the number of visitors by Township
officials and to confer with the other departments for the purpose
of eliminating conflicting orders before any are issued. The assistance
and cooperation of all other officials, including police and fire
departments, shall be available to the Code Enforcement Officer to
assist in the performance of his duties.
5.
Right of Entry. Except in case of an emergency or a mutually convenient
time agreed to by the Code Enforcement Officer and the owner, the
Code Enforcement Officer or his authorized representative in discharging
his duties has reasonable cause to believe that there exists in any
building or upon any premises any condition or code violation which
makes such building or premises unsafe, dangerous or hazardous to
the health, safety and welfare of the occupants or the public, upon
showing proper identification where requested, is hereby authorized
to enter and inspect between the hours of 7:00 a.m. and 7:00 p.m.,
subject to constitutional restrictions on unreasonable searches and
seizures, any structure or premises in Lower Swatara Township to enforce
the provisions of this Part and of those other applicable codes and
ordinances. Every occupant, owner or operator of a structure or premises
or their agent or employee shall give access to any part of such structure
or its premises at reasonable times for the purpose of making such
inspection, maintenance, repairs or alterations as are necessary to
comply with the provisions of this Part.
6.
Access Entry Refused. If any owner, operator, occupant or other person
in charge of a structure refuses, impedes, inhibits, interferes with,
restricts or obstructs entry and free access to the structure or premises
under his control or to any part thereof, with respect to any authorized
inspection, the Code Enforcement Officer may, upon showing that probable
cause exists for the inspection, file a complaint and may petition
for and obtain an order directing compliance with the inspection requirements
of this Part from a court of competent jurisdiction. Any person who
refuses to comply with such an order issued pursuant to this section
shall be subjected to such penalties as may be authorized by law for
violation of a court order.
7.
Modifications. Whenever there are practical difficulties involved
in carrying out the provisions of the technical codes, the Code Enforcement
Officer may grant modifications for individual cases; provided, he
shall first find that a special individual reason makes the first
find that a special individual reason makes the strict letter of the
technical code impractical and the modification is in conformity with
the intent and purpose of the technical code, and that such modification
does not lessen health, life and firesafety requirements or any degree
of structural integrity. The details of actions granting modifications
shall be recorded and entered in the files of the Code Enforcement
Department. If additional nonconforming conditions are encountered
during the course of any approved alteration or repair which were
not considered or known initially, the Code Enforcement Officer shall
have the authority to require compliance with this Part and other
technical codes and/or ordinances of the Township.[1]
[1]
Editor's Note: Former §§ 5-105, Applications for
Permits, as amended; 5-106, Permit Issuance; 5-107, Conditions of
Permit; 5-108, Permit Fees; 5-109, Inspections; 5-110, Connection
to Utilities; 5-111, Certificate of Use and Occupancy; 5-112, Notice/Orders
Procedure, as amended; 5-113, Emergency Measures; 5-114, Condemnation;
5-115, Placarding; 5-116, Repair/Demolition Order; 5-117, Violations
and Penalties, as amended; and 5-118, Appeals Board, as amended; were
repealed by Ord. No. 583, 9/19/2018.
[Ord. 415, 11/19/1997, § 19]
1.
Conflicting Provisions.
A.
Whenever conflicting provisions or requirements occur between this
Part, the technical codes and any other codes or laws adopted by Lower
Swatara Township, the most restrictive shall govern.
B.
Where conflicts occur between the technical codes, those provisions
providing the greater safety to life shall govern. In other conflicts
where sanitation, life safety or firesafety are not involved, the
most restrictive provision shall govern.
C.
Where in any specific case different sections within any of the technical
codes specify different materials, methods of construction or other
requirements, the most restrictive shall govern. Where there is a
conflict between a general requirement and a specific requirement,
the specific requirement shall be applicable.
D.
Where conflicts occur between any specific provisions of this Part
and any administrative provisions in any technical code which is then
applicable within Lower Swatara Township, those provisions are hereby
repealed to the extent of any such conflict.
2.
Partial Validity. In the event any part or provision of this Part
is held to be illegal or void, this shall not have the effect of making
void or illegal any of the other parts or provisions thereof, which
are determined to be legal; and it shall be presumed that this Part
would have been passed without such illegal or invalid parts or provisions.
3.
Segregation of Invalid Provisions. Any invalid part of this Part
shall be segregated from the remainder of this Part by the court holding
such part invalid, and the remainder shall remain effective.
4.
Saving Clause. Nothing in this Part shall be construed to affect
any suit or proceeding now pending in any court, any rights acquired,
liability incurred or any cause or causes of action accrued or existing
under any act or ordinance repealed hereby. No right or remedy of
any character shall be lost, impaired or affected by this Part.
