As used in this article, the following terms shall have the
meanings indicated:
OWNER
Any person who either alone, jointly, or severally with others
shall have title, or an interest, either legal or equitable, to any
land, realty, or premises, or shall have charge, care, or control
of any premise, whether by lease or permissively; or as an agent for
the person holding legal or equitable title, or, as executor, executrix,
administrator, administratrix, trustee or guardian of the estate of
any person holding legal or equitable title, or, any person selling
or buying said realty under articles of agreement.
PERSON
An individual, partnership, firm, corporation, association
or combination thereof, including those acting in a fiduciary or representative
capacity, whether appointed by the court or otherwise. Whenever used
in any clause prescribing and imposing a penalty, the term "person"
as applied to the partnership or association shall include the partners
or members thereof, and if applied to a corporation, the officers,
or any person who owns the majority of the stock thereof.
PREMISES
A building or structure, or any portion thereof.
SANITARY AND LANDFILL REPORT
A writing, which contains the following information, legibly
inscribed thereon:
A.
The full name, current post office address and telephone number
of the owner or tenant, and the name and current post office address
of each contractor who intends to work on any roof within the Borough
of Whitaker.
B.
The type of vehicle used to haul debris from the construction
site, together with its license number and the name, post office address
and telephone number of the owner of the vehicle.
C.
The name and address of the sanitary landfill that the owner
or contractor intends to haul all construction debris generated by
the removal or repair of any roof within the Borough of Whitaker.
D.
The address of the structure located in the Borough of Whitaker
which will have the roof repair or replacement.
TENANT
Any person who shall inhabit, occupy or control any premises
situate in the Borough of Whitaker.
All property owners, landlords, or contractors shall submit the required information of §
338-1 to the Borough of Whitaker or its designated Building Inspector, prior to the commencement of construction for the replacement or repair of any roof in the Borough of Whitaker.
That all owners, tenants, or contractors shall supply any supplemental
information requested by the Borough of Whitaker, its agents, or employees.
Upon receiving the information required, the Borough will issue a
permit for the removal and/or repair of the roof. No fee shall be
required for said permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Allegheny County.