[Ord. 00021, 5/10/2004, § 1]
Akron Borough hereby elects to administer and enforce the provisions
of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S.
§§ 7210.101 — 7210.1103, as amended from time
to time, and its regulations currently in effect or as they may be
hereafter adopted by the Commonwealth.
[Ord. 00021, 5/10/2004, § 2]
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401 — 405, as amended from time to time, is hereby adopted and
incorporated herein by reference as the Municipal Building Code of
Akron Borough.
[Ord. 00021, 5/10/2004, § 3]
1.
Administration and enforcement of the code may be undertaken in any
of the following ways as determined by Akron Borough Council, from
time to time, by resolution:
A.
By the designation of an employee of Akron Borough to serve as the
municipal code official to act on behalf of Akron Borough.
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of Akron Borough.
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of the code through an intermunicipal
agreement.
D.
By entering into a contract with another municipality for the administration
and enforcement of the code on behalf of Akron Borough.
[Ord. 00021, 5/10/2004, § 4]
1.
A Board of Appeals shall be established by resolution of the Akron
Borough Council in conformity with the requirements of the relevant
provisions of the code, as amended from time to time, and for the
purposes set forth therein:
A.
The Board of Appeals shall consist of three individuals and two alternates.
A minimum of three individuals shall be required to constitute a quorum.
A majority vote of members present shall be sufficient to make a valid
ruling.
B.
If at any time enforcement and administration is undertaken jointly
with one or more other municipalities, said Board of Appeals shall
be established by joint action of the participating municipalities
and shall consist of the number of individuals determined by said
agreement.
[Ord. 00021, 5/10/2004, § 5]
1.
To the extent an ordinance or an existing provision of an ordinance
of Akron Borough is inconsistent with the Code, it is hereby repealed,
effective the effective date of this Part. Ordinances previously adopted
by Akron Borough are preserved to the extent necessary to complete
any projects exempt pursuant to 34 Pa. Code 403.1(b) and (c). Ordinances
and provisions repealed pursuant to this section include, but are
not limited, to the following:
2.
All other relevant ordinances, regulations and policies of Akron
Borough not governed by the code shall remain in full force and effect.
3.
To the extent an ordinance or an existing provision of an ordinance
of Akron Borough is consistent with the code or contains provisions
in excess of those required by the code, it is hereby preserved.
[Ord. 00021, 5/10/2004, § 6]
Fees assessable by Akron Borough for the administration and
enforcement undertaken pursuant to this Part and the code shall be
established by the Akron Borough Council by resolution from time to
time.
[Ord. 00021, 5/10/2004, § 7]
Any person who fails to comply with provisions of the code shall
be guilty of a summary offense and shall, upon conviction, be sentenced
to pay a fine of not more than $1,000 and costs. Each day that a violation
of the code continues shall be considered a separate violation.
[Ord. 00021, 5/10/2004; as amended by Ord. 00037, 10/8/2007;
and by Ord. 00073, 1/13/2014]
1.
Maintenance Code. A certain document, one copy of which is attached
hereto[1] and designated as the "International Property Maintenance
Code, 2012 edition," as published by the International Code Council,
be and is hereby adopted as the Property Maintenance Code of the Borough
of Akron, for regulating and governing the conditions and maintenance
of all property, buildings and structures; by providing the standards
for supplied utilities and facilities and other physical things and
conditions essential to ensure the structures are safe, sanitary,
and fit for occupation and use; and the condemnation of buildings
and structures unfit for human occupancy and use; and the demolition
of such existing structures as herein provided; providing for the
issuance of permits and collection of fees therefor; and each and
all of the regulations, provisions, penalties, conditions and terms
of said Property Maintenance Code are hereby referred to, adopted,
and made a part hereof, with the additions, insertions, deletions
and changes prescribed in the following paragraphs of this section.
[1]
Editor's Note: A copy of the "International Property
Maintenance Code, 2012 edition," is on file in the Borough office.
2.
Revisions. The following sections are hereby revised in the attached
2012 Code:
A.
Section 101.1. Borough of Akron.
B.
Section 103.5. Fees will be set, from time to time, by resolution
of Borough Council.
C.
Section 106.4. Delete said paragraph and substitute the following
therefor: "Any violation of this section shall constitute a summary
offense and shall incur a fine not to exceed $1,000 for each separate
violation. Each day shall be a separate violation. In addition, the
court may assess reasonable court costs and reasonable attorneys'
fees incurred by the Borough in enforcement proceedings."
D.
Section 112.4. Fines shall be not less than $50 for each violation
and no more than $1,000 for each violation.
E.
Section 302.4. Eight inches.
F.
Section 304.14. From April 1st through October 31st.
G.
Section 602.3. From November 1st to May 1st.
H.
Section 602.4. From November 1st to May 1st.
3.
Appeals. All appeals from the decision of the officials administrating
and enforcing this section shall be to the Board of Appeals, established
pursuant to the Uniform Construction Code, which Board of Appeals
shall retain jurisdiction as provided for herein, and shall follow
the same administrative guidelines and procedures.
[Ord. 00008, 11/12/2001, § 1]
Any enlargement of any building or any work of repair, rearrangement,
removal or replacement of any exterior or interior wall or roof, floor
or support, or any part thereof of any building; addition of full
or half baths; increasing of impervious surface; creating new window/door
openings or enlarging existing openings; addition of central air conditioning;
installation of swimming pool, hot tub, fence, retaining wall or shed;
attached and detached construction of decks; conversion of unfinished
space in basement, attic, etc., to finished space; sidewalk and curb
installation or replacement; and all signage.
Any structure constructed or used for a residence, business
or industry, or other public or private purposes or accessory thereto.
Any natural person or persons, unincorporated association,
limited liability company, limited partnership, limited liability
partnership, firm, corporation, or other legal entity.
[Ord. 00008, 11/12/2001, § 2]
No person shall cause or permit any building or structure to
be constructed, enlarged, altered, moved or demolished, upon any property
owned by such person or upon any property rented by him, in the case
of a rental agreement without first having obtained applicable permits
therefor. Work that would require permits includes, but is not limited
to, all new building construction; additions to buildings or accessory
structures; increase of impervious surface (covering areas with buildings,
concrete, macadam, etc), conversion of unfinished space, (i.e., attic,
garage, basement) into living space; addition of full or half baths;
build or install prefabricated yard sheds; create new window/door
openings or enlarge existing openings; move or remove or add walls;
install roofing when all old roofing is removed and joist/rafters
are replaced or the roofline is changed; addition of central air conditioning;
swimming pools; fences and retaining walls; all signage; sidewalk
and curb installation or replacement along Borough streets or alleyways;
attached and detached construction of decks and patios; new driveway
construction or expansion; and all Borough street openings.
[Ord. 00008, 11/12/2001, § 3]
Work not requiring a permit shall be limited to: installing
or replacing siding, down spouts and gutters; painting; replacing
or repairing roofing material, where there is no replacement of rafters;
replacing doors/windows where existing openings are not enlarged;
driveway replacement, overlay or sealing; and installing insulation
in existing homes.
[Ord. 00008, 11/12/2001, § 4]
1.
A building permit shall be issued by the Akron Borough Permit Officer
upon the filing with the Borough of an application, including the
following:
A.
A description of the construction involved or, in lieu thereof, a
submission of plans and specifications.
B.
A plot plan, identifying property lines and location(s), dimensions
and distances from property lines of the proposed improvements for
new construction or placing of accessory structures.
C.
A copy of the building contractor's proposal, agreement or contract.
D.
Contractors insurance certificates (at a minimum workers' compensation).
E.
Evidence that all permits required by other agencies such as but
not limited to PennDOT, DEP, Labor and Industry, and Soil Conservation,
have been obtained.
F.
Evidence of intended compliance with any requirement of law or other
ordinance of the Borough which may affect the building construction
and use.
[Ord. 00008, 11/12/2001, § 5]
[Ord. 00008, 11/12/2001, § 6]
PennDOT regulations such as current Regulation 408, or any amendment
thereto, shall apply throughout the construction process.
[Ord. 00008, 11/12/2001, § 7]
1.
The Borough Permit Officer may, at any time during the course of
the work for which the permit was granted, inspect the site to ensure
that all applicable laws and regulations are followed and the construction
is accurate with the permit issued.
2.
The Borough Permit Officer shall report all findings of noncompliance
to the property owner.
3.
Upon receipt of notice of noncompliance, the property owner shall
take immediate action to secure compliance.
4.
If the construction is not brought into compliance, the Borough Permit
Officer may revoke the permit and may also refer the matter to the
Akron Borough Council for enforcement action under applicable law.
[Ord. 00008, 11/12/2001, § 8]
Upon completion of the permitted work the owner shall report
the completion to the Borough permit officer so that a final inspection
may be arranged. The completion of work shall be noted upon the original
application or, when required, upon the issuance of a certificate
of use and occupancy.
[Ord. 00008, 11/12/2001, § 9]
1.
Work authorized by a permit issued under this Part must be completed
within six months after the issue date.
2.
A single extension of an additional six months may be issued at no
additional cost to the owner if requested before the expiration of
the original permit.
3.
Should the original permit expire, the Borough Permit Officer shall
request the return of the expired permit:
[Ord. 00008, 11/12/2001, § 10; as amended by Ord.
00037, 10/8/2007]
1.
Any project requiring a permit that is begun without a permit, or changed beyond the permit, shall comply with all application requirements in § 5-204 above and shall pay twice the standard applicable permit fee.
2.
In the event of a violation of permit regulations, the Borough Permit
Officer shall issue a notice of violation.
3.
If a notice of violation is not complied with within a period of
five days (or such other date as set forth therein), the Borough Permit
Officer may, at Council's direction, institute, in the name of
the Borough, any appropriate action or proceeding at law or in equity
to prevent, restrain, correct or abate such violation or to require
the removal or termination of the unlawful use of the structure, building,
sign and/or land in violation of the provisions of the building permit
regulations. Borough Council may, additionally, direct the Borough
Permit Officer or Borough Solicitor to institute a civil enforcement
proceeding pursuant to the Borough Code, 53 P.S. § 45101
et seq.
4.
Any person who or which has violated or permitted the violation of
the provisions of this Part shall, upon being found liable therefore,
in a civil enforcement proceeding commenced by the Borough, pay a
judgment of not more than $500 for each day of violation, plus all
court costs, including reasonable attorneys fees, incurred by the
Borough as a result therefore. No judgment shall commence or be imposed,
levied or be payable until the date of the determination of 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. All judgments,
costs and reasonable attorneys fees collected for the violation of
this Part shall be paid over to the Borough for the general use of
the Borough. Nothing contained in this section shall be construed
or interpreted to grant any person or entity other than the Borough
the right to commence any action for enforcement pursuant to this
section.
