[Ord. 698, 5/11/1999, § 1]
1. 
The purposes of this Part are to:
A. 
Protect the public health, safety and welfare by promoting maximum compliance with municipal regulations.
B. 
Centralize in one municipal official the authority and responsibility for the administration and enforcement of certain provisions of the Code of Ordinances, thereby eliminating uncertainty and facilitating the efficient, economical and effective conduct of Borough affairs.
[Ord. 698, 5/11/1999, § 1]
The office of Code Enforcement Officer is established for this Borough.
[Ord. 698, 5/11/1999, § 1]
Such official shall be appointed by, and shall serve at the pleasure of, the Borough Council.
[Ord. 698, 5/11/1999, § 1]
The compensation of the Code Enforcement Officer shall be as fixed by the Council.
[Ord. 698, 5/11/1999, § 1]
1. 
The Code Enforcement Officer shall have the following duties:
A. 
To administer and enforce all present and future provisions of the Code of Ordinances of this Borough which provide for the issuance of permits and for the performance of inspections of property or the making of similar investigations.
(1) 
Such provisions include (but are not limited to) those relating to building, housing, property maintenance, health, fire hazard, public safety, nuisances and zoning.
(2) 
This provision supersedes any different delegation or assignment of responsibility for administration and/or enforcement which may be set forth in the aforesaid ordinances.
B. 
To prepare and maintain complete and accurate records of his or her activities, including (but not limited to) written reports of site visits and inspections, containing the date and findings of each.
C. 
In addition, to perform such other tasks as may be assigned from time to time by the Council or Borough Manager.
D. 
To consult with the Borough Solicitor whenever legal advice is needed, and before any legal proceeding is commenced.
[Ord. 698, 5/11/1999, § 1]
1. 
The Code Enforcement Officer shall have the following authority:
A. 
To consider and either approve or deny applications for permits.
B. 
To revoke any permit issued by mistake or through misrepresentation or false statement.
C. 
To make site visits and perform any and all inspections as may be deemed necessary or proper.
D. 
To enter upon private property between the hours of 7:00 a.m. and 7:00 p.m. for the purpose of inspecting the condition or use thereof.
E. 
To enter upon private property at any time whenever an emergency appears to exist which involves a clear and immediate danger to any occupant or to public health or safety, and to take whatever actions deemed necessary or proper to meet such emergency.
F. 
When access has been denied, to apply for, obtain and execute a search warrant or other appropriate judicial order for entry upon and inspection of property.
G. 
To issue enforcement notices provided for in those ordinances within the scope of § 5-105 above.
H. 
To issue any other directives or orders provided for in any ordinance within the scope of § 5-105.
I. 
To initiate and prosecute civil enforcement proceedings before a district justice.
J. 
To initiate and prosecute summary offense proceedings before a district justice.
K. 
To make recommendations to the Council regarding the duties and powers of the Code Enforcement Officer.
L. 
To engage the services of qualified consultants or contractors when required, subject to the approval of the Council.
[Ord. 698, 5/11/1999, § 1]
This Part is not intended, and shall not be construed, as changing or limiting the authority of the police force of this Borough in the enforcement of ordinances.
[Ord. 698, 5/11/1999, § 1]
1. 
The Council shall establish, by motion or resolution, a schedule of fees for permits and applications for other actions authorized by law.
2. 
No permit shall be issued and no other requested action shall be taken until the prescribed fee therefor has been paid in full.
[Ord. 817, 2/9/2016]
1. 
The purposes of this Part are to:
A. 
Safeguard public health, safety and general welfare.
B. 
Preserve the value of property within the Borough of Beaver.
C. 
Protect the municipal tax base by preventing the decline of property values.
D. 
Promote the just, speedy and inexpensive determination of any situation in which Code enforcement action may be deemed necessary or appropriate by establishing a discretionary alternative to immediate and formal legal proceedings which can prove costly, time-consuming and uncertain of result.
[Ord. 817, 2/9/2016]
1. 
The provisions of this Part shall be interpreted according to the following principles.
A. 
Words used in this Part which are not specifically defined in § 5-203 shall have their common or ordinary meanings, as shown by a standard dictionary.
B. 
Words or phrases used in this Part which are specifically defined in the following related portions of the Borough of Beaver Code of Ordinances shall have the meanings provided for there, including:
Chapter 2
Chapter 4, Parts 1 and 3
Chapter 6, Parts 3 and 4
Chapter 7, Part 1
Chapter 10, Parts 1 and 2
Chapter 13, Parts 5 and 6
Chapter 25, Part 1
C. 
The foregoing list is not intended, and shall not be construed, to be exclusive. This Part shall apply to any future ordinance(s) relating to buildings, housing, property maintenance, fire prevention, public safety, public health, sewage, solid waste, streets and sidewalks.
D. 
The various provisions of this Part shall be severable from each other, so that if any provision is finally determined to be illegal or invalid, either generally or in a particular application, the efficacy of the remaining provisions shall not be impaired.
[Ord. 817, 2/9/2016]
As used in this Part, the following words and phrases shall have the meanings specified:
ABATE
To remedy a prohibited or unlawful condition or activity by removal, repair, replacement, cessation or other appropriate conduct.
BOROUGH
The Borough of Beaver.
BUILDING
A roofed structure enclosed by walls, intended for human occupancy or storage of personal property.
CODE
The Code of Ordinances of the Borough.
OCCUPANT
The person occupying or using a property.
OWNER
The person having legal title to a property.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, government unit or agency, or any legal entity which is recognized by law as the subject of rights and duties. The term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
PROPERTY
Any lot or parcel of land within the Borough.
STRUCTURE
Anything constructed or built on or affixed to property, including but not limited to buildings, walls and fences.
VIOLATION
Any physical condition of, or activity upon, property which is prohibited or made unlawful by the Code.
VIOLATOR
A person who creates or causes a violation.
[Ord. 817, 2/9/2016]
1. 
The owner of a property shall be deemed responsible for its condition, or activity thereon, even if not in occupancy thereof. Any agreement between an owner and a tenant or other occupant regarding this condition of the property or the activity there shall not affect the application of this Part to the owner.
2. 
The occupant of a property shall likewise be deemed responsible for its condition and/or activity there. Any agreement between an occupant and the owner regarding the condition of the property or the activity there shall not affect the application of this Part to the occupant.
3. 
If the property has more than one owner, each owner shall be deemed responsible for the condition of the property and/or the activity there and shall be subject severally to the provisions of this Part.
4. 
If a property has more than one occupant, each occupant shall be deemed responsible for the condition of the property and/or the activity there and shall be subject severally to the provisions of this Part.
[Ord. 817, 2/9/2016]
Whenever it appears to the Code Enforcement Officer that a Code violation exists, such officer may, in her/his discretion, issue a violation ticket to the person(s) believed to be responsible.
[Ord. 817, 2/9/2016]
1. 
A violation ticket shall be served upon a violator by:
A. 
Handing it directly to the violator; or
B. 
Handing it at the residence or usual place of business of the violator to an adult member of the household, or the agent or person in charge of the place of business; or
C. 
Sending it by first-class mail to the violator's last known address, with a certificate of mailing; or
D. 
Posting the property in question by affixing the ticket at a conspicuous location on the premises.
[Ord. 817, 2/9/2016]
A violation ticket shall be in the form and have the contents designated by the Borough and shall provide a citation to the Code section violated, a brief general description of the violation, and a statement of the amount payable on account of the violation, as specified in § 5-208 below.
[Ord. 817, 2/9/2016]
1. 
The amount(s) payable on account of violations shall be as follows:
A. 
Twenty-five dollars for a first violation within a twelve-month period.
B. 
Fifty dollars for a second violation within a twelve-month period.
C. 
One hundred dollars for a third violation in a twelve-month period.
D. 
Three hundred dollars for a fourth and any subsequent violation within a twelve-month period.
2. 
A ticket charge shall be due and payable within five business days after service upon the violator.
3. 
The refusal or failure by a violator to pay in full and within the prescribed time the amount stated in a ticket shall be deemed to be a new and separate violation, for which another ticket may be issued.
[Ord. 817, 2/9/2016]
1. 
Upon receipt of a violation ticket, the violator shall be obliged to:
A. 
Promptly abate the specified violation; and
B. 
Pay the stated ticket amount in full and within the prescribed time.
[Ord. 817, 2/9/2016]
1. 
Not more than four tickets shall be issued on a particular violation. In the event any or all of such tickets is/are not paid in full and on time, the Code Enforcement Officer shall promptly refer the matter to the Borough Solicitor for further handling.
2. 
In the event that the ticketing process fails to cause the violator to completely abate the particular violation, the Code Enforcement Officer shall refer the matter to the Borough Solicitor for further handling.
[Ord. 817, 2/9/2016]
Any ticket amount which is not paid in full and within the prescribed time may be collected by the Borough in the manner provided by state law for the collection of municipal claims (that is, by the imposition of a lien or liens upon the subject property), or by a civil court action, as the Borough may see fit.
[Ord. 817, 2/9/2016]
1. 
In addition to the procedures provided for above, the Code Enforcement Officer is authorized to issue a citation charging a summary offense, when the violation involved is defined as such in the Code.
2. 
In addition to the procedures provided for above, the Code Enforcement Officer is authorized to initiate a civil enforcement proceeding before a Magisterial District Judge when the violation involved is subject to civil penalties under the Code.
3. 
In addition to the procedures provided for above, the Borough shall have the right to abate a violation if the responsible person refuses or fails to do so. In so acting, employees or contractors of the Borough shall have the authority to enter the subject property.
4. 
In addition to the procedures provided for above, the Borough shall have the right to obtain equitable relief by civil action in court.
5. 
All remedies of the Borough pursuant to state law and this Part shall be nonexclusive and cumulative, so that the pursuit of any particular course of action shall not constitute an election of remedies. Remedies may be pursued simultaneously or consecutively and in such number or order as the Borough sees fit.