[Ord. 519, 12/1/1971,
§ 1]
1.
Creation of Office of Code Enforcement. There is hereby created by
the Council of the Municipality an office of the Municipality to be
known as the "Office of Code Enforcement." Said office shall have
the responsibility for administering and enforcing the provisions
of this Part and of those other codes and/or ordinances of the Municipality
(hereinafter referred to as the "Applicable Codes and Ordinances"),
which designate said Office of Code Enforcement as their Official
Administration and Enforcement Agency. The Council may also enter
into agreements with adjoining or contiguous municipalities and may
designate in such agreements the creation of a joint office of Code
Enforcement for said municipalities having all of the powers and duties
of the Office of Code Enforcement herein provided.
2.
Appointment of Code Enforcement Officer. There shall be appointed by the Council of the Municipality, a Code Enforcement Officer who shall be in charge of the Office of Code Enforcement of the Municipality. 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 office, as appointed and approved by the Council of the Municipality. Said Code Enforcement Officer and other personnel including officials or persons designated to serve on a Code Policy Board, may consist of employees directly hired and compensated by the Municipality and/or employees designated pursuant to any agreements entered into with adjoining municipalities in accordance with the agreements provided for under Subsection 1 above. Any such Code Enforcement Officer and other personnel designated pursuant to such agreements shall be deemed to have all of the duties and powers provided in this Part and in the Applicable Codes and Ordinances of the Municipality and shall represent the Municipality to the same extent as if appointed directly by the Municipality. However, no such agreement shall restrict the power of the Municipality to discharge any employee at any time by a majority vote of the Council of the Municipality.
3.
Relief from Personal Liability. The Code Enforcement Officer or other
official or employee shall not, while acting for the Municipality,
render himself liable personally because of any act or omission as
required or permitted in the discharge of his official duties. Any
suit instituted against such Code Enforcement Officer, official or
employee, because of any act performed by him in the lawful discharge
of his duties, shall be defended by the Solicitor of the Municipality
and in no case will said officer, official or employee be liable for
costs in any action, suit or proceeding.
4.
Official Record. An official record shall be kept of all business
and activities of the Office 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.
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.
[Ord. 519, 12/1/1971,
§ 2; as amended by Ord. No. 533, 12/27/1972]
1.
Enforcement by Code Enforcement Officer. The Code Enforcement Officer
shall enforce and administer all of the provisions of this Part and
of those other Applicable Codes and Ordinances which establish the
office of Code Enforcement as their official administration and enforcement
agency.
2.
Duties of Code Enforcement Officer. The duties of the Code Enforcement
Officer shall include the receipt of applications, the issuance of
permits, notices, certificates and orders, the making of inspections
to determine conformance with Applicable Codes and Ordinances, the
undertaking of systematic inspection programs, the undertaking of
research and investigations, the recommendation of appropriate administrative
rules for review and adoption by the Code Hearing Board, the keeping
of records, the issuance of written annual reports and such other
activities as may be required.
3.
Right of Entry. In the discharge of his duties the Code Enforcement
Officer or his authorized representative, upon showing proper identification
where requested, is hereby authorized to enter and inspect, at any
reasonable hour, any structure or premises in the Municipality to
enforce the provisions of this Part and of those other Applicable
Codes and Ordinances.
The Code Enforcement Officer and the owner, operator, or occupant
or other person in charge of any structure or premises subject to
the provisions of this Part may agree to an inspection at a mutually
convenient time.
The owner, operator, or occupant or other person in charge of
any structure or premises shall give the Code Enforcement Officer
entry and free access thereto and to every part of the structure or
to the premises surrounding the structure.
If any owner, operator or occupant or other person in charge
fails or refuses to permit entry and free access to the structure
or premises under his control, or any part thereof, with respect to
any authorized inspection, the Code Enforcement Officer may, upon
a showing that probable cause exists for the inspection may 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 subject to such penalties
as may be authorized by law for violation of a court order.
[Ord. 519, 12/1/1971,
§ 3; as amended by Ord. No. 548, 7/2/1975; and by Ord.
573, 3/12/1980]
1.
Permit Required. An application for a permit shall be required in
accordance with the provisions of those other Applicable Codes and
Ordinances which the office of Code Enforcement has the responsibility
to administer. Said application shall be submitted in such form as
may be prescribed by the Code Enforcement Officer and shall be accompanied
by any required fee.
2.
Action on Application. The Code Enforcement Officer shall examine
said application to determine compliance with those other Applicable
Codes and Ordinances of the Municipality and shall, within 15 days
after filing, either approve or reject said application. If said application
is rejected, the Code Enforcement Officer shall inform the applicant
in writing, stating the reasons for such rejection.
3.
Required Fees. Applicants for permits required by any of the following
Applicable Codes and Ordinances shall pay at the time of application,
to the Code Enforcement Officer, for use by the Municipality, fees
according to the following schedule.
A.
BOCA Basic Building Code. The fees required for permits under the
BOCA Basic Building Code shall be as follows:
(1)
New Construction and Alterations.
(a)
Residential.
1)
Single Family dwellings (new) $5 for each 100 square feet or
fraction thereof (outside dimensions) including attached garages,
and excluding areas of crawl space, unfinished basements and attics.
2)
Apartments: $50 per living unit.
3)
Motels: $25 per unit and non-residential rate for nonliving
spaces.
4)
Town Houses & Condominiums: same as single-family dwellings.
5)
Alterations: $10 minimum for first $1,000 of construction cost,
$5 each additional $1,000 or fraction thereof.
6)
Detached garages, sheds, etc.: $10 for single garage, $15 for
double garage.
(b)
Non-Residential.
1)
New: $100 for first 1,000 square feet, $50 for each 1,000 square
feet or fraction for next 4,000 square feet $25 for each additional
1,000 square feet or fraction thereof.
(c)
Alterations and Additions.
1)
Ten dollars (minimum) for first $1,000 of construction cost,
$5 for each additional $1,000 of construction.
(d)
Detached garages, sheds, etc. Same as alterations or additions.
(2)
Swimming Pool. Over 24 inches of water capacity minimum $20
for first $1,000 of construction cost, $5 for each additional $1,000
of cost.
(3)
Mobile Homes. Same as residential.
(4)
Temporary Trailers and Buildings. (on construction sites) $20
(limited to one year).
(5)
Moving of Building. A fee of $1 for each $100 of the estimated
cost of moving any structure, plus the cost of new foundations and
all other necessary work required to affix the structure to the site.
(6)
Demolition. A fee of $10 for each $1,000 of the cost of demolition.
In addition, for any structure to be demolished which has assessed
valuation in excess of $500, the applicant shall post a bond with
the Code Enforcement Officer for a sum equal to no less than four
times the assessed valuation of the building to be demolished which
bond shall be for the faithful performance of the demolition in accordance
with the Applicable Codes and Ordinances.
B.
National Electrical Code. A fee of $2 for the first $100 of job cost.
C.
BOCA Basic Plumbing Code.
(1)
Air Conditioning: $5 for each ton capacity (one ton - 12,000
BTU)
(2)
Heating: $10 for each $1,000 of cost or fraction.
(3)
Fuel storage tanks (over 550 gallon capacity): $10 for each
1,000 gallon capacity.
(4)
Gasoline pumps: $10 for each pump.
(5)
Sprinkler system: $10 for first $1,000 cost; $5 for each $1,000
of cost.
(6)
All other plumbing: $0.75 for each $100 of cost with a minimum
charge of $5.
D.
BOCA Fire Prevention Code. A fee of $25 for the establishment and
operation of any use or activity provided in the BOCA Basic Fire Prevention
Code where such uses require a permit.
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All permits granted under any of the above Applicable Codes
and Ordinances shall be good for a period of one year, provided that
extensions may be granted by the Code Enforcement Officer for good
reasons; except that any permit granted for demolition activities
shall be valid for six months only and if such demolition work is
not completed within that time any bond posted by the applicant shall
be forfeited.
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4.
Certificates. The following certificates shall be required in accordance
with the provisions of those other Applicable Codes or Ordinances
which the Office of Code Enforcement has the responsibility to administer.
Said certificates may be issued separately or combined in the form
of a single certificate.[1]
[1]
Editor's Note: Apparently information was omitted in typing of original Ord. No. 519 since Subsections a through d dealt with violations and penalties rather than certificates, and the first part of Section 4 was not present. A beginning for Section 4 (§ 5-104) has been added for the sake of clarification.
[Ord. 519, 12/1/1971,
§ 4; as amended by Ord. 548, 7/2/1975; and by Ord. 599, 12/19/1983]
1.
Violations and Notices. The following procedures and guidelines are
to be followed in cases of alleged violations.
A.
Serve notice in writing of the alleged violation which shall be signed
by the Code Enforcement Officer or his authorized representative.
Said notice shall be served personally to the responsible owner, occupant,
operator or other person in charge; or served by registered mail with
a return receipt requested; or where such responsible person in charge
cannot be found, service may be made by posting a notice in or about
the structure or premises or by publishing such notice in a newspaper
of general circulation for a period of three consecutive days; or
served by another method authorized under the laws of the Commonwealth
of Pennsylvania.
B.
Said notice shall include a statement of the reasons why the notice
is being issued, the sections of the Code and/or ordinances which
have been violated, and the remedial actions required.
C.
Said notice shall allow a reasonable time, not to exceed 100 days,
for the initiation and correction of the violation alleged or of the
remedial actions required, except where emergency conditions exist
which require immediate corrective action.
D.
Said notice shall contain a statement indicating that the notice
will become an order if no request and approval for an extension of
time is made to the Code Enforcement Officer or if no petition for
an appeal or hearing is requested before the Code Hearing Board within
15 days from the receipt of said notice.
E.
The Code Enforcement Officer may grant a request for a reasonable
extension of time where he has evidence to believe that the responsible
person is attempting to remove the alleged violation. However, no
such extension of time may exceed a period of 130 days unless authorized
by the Code Hearing Board upon appeal of the responsible owner, operator,
occupant or other person in charge.
2.
Penalties. Any person who fails to correct a violation or take a
remedial action as ordered by the Code Enforcement Officer or who
violates a provision or fails to comply with any requirements of this
Part or of any of the other Applicable Codes and Ordinances shall
be subject, for each violation, to a fine of not more than $300 and
costs of prosecution; or to imprisonment for not more than 30 days.
Each day's failure to comply with any such provision or requirement
or any such order shall constitute a separate offense.
The imposition of the penalties, herein prescribed shall not
preclude the Solicitor representing the municipality from initiating,
and he is hereby ordered to initiate, appropriate actions or proceedings
at law, or in equity, to effect the purposes of this Part.
3.
Dangerous and Unsafe Conditions and Structures and Dwellings Unfit
for Human Habitation. Structures which contain dwellings which are
unfit for human habitation, or structures which are dangerous or unsafe
and structures which contain dangerous conditions or materials, as
defined by the Applicable Codes and Ordinances of the Municipality
are hereby declared to be a public nuisance.
A.
General Procedure. The Code Enforcement Officer shall order the responsible
owner, operator, occupant or person in charge of the structure or
premises which are dangerous, unsafe or unfit for human habitation
to vacate, repair and/or demolish said structure and to remove the
public nuisance as provided for in this Part and in the Applicable
Codes and Ordinances of the Municipality in accordance with the laws
of the Commonwealth of Pennsylvania.
B.
Failure to Comply. Whenever an order to vacate, repair and/or demolish
a structure which is a public nuisance because it is unsafe, dangerous
or unfit for human habitation has not been complied with, the Code
Enforcement Officer may, in accordance with the laws of the Commonwealth
of Pennsylvania, proceed to cause the structure to be vacated, repaired
and/or demolished or take such other action as is necessary to abate
the nuisance. Abatement under this section shall not commence until
at least 10 days after the service of the order, except that the Code
Enforcement Officer may determine that more immediate action is required
because of the special emergency or dangerous conditions which exist.
C.
Recovery of Expenses. The expenses incurred pursuant to Subsection 3B above and of the other Applicable Codes and Ordinances shall be paid by the responsible owner, operator or occupant or by the persons who caused or maintained such a public nuisance. The Code Enforcement Officer shall file on his records an affidavit stating with fairness and accuracy the items and date of the expenses incurred. The Council of the Municipality may institute a suit to recover such expenses to be charged against the property as a lien.
[Ord. 519, 12/1/1971,
§ 5]
1.
Code Hearing Board. There is hereby established a Code Hearing Board,
appointed by the Council of the Municipality consisting of not less
than three members nor more than five members who shall serve without
compensation, but may be reimbursed for necessary and reasonable expenses.
Their terms of office shall be for three years, except for those first
appointed, so fixed that the term of office of at least one member
shall expire each year. Appointments to fill vacancies shall be only
for the unexpired portion of the term.
2.
Powers of the Code Hearing Board. The Code Hearing Board shall have
the following powers and duties:
A.
Interpretation. On appeal from a determination of the Code Enforcement
Officer or on request of any Municipal Official, the Code Hearing
Board shall decide any questions involving the interpretation of any
provision of this Part or of those other Applicable Codes and Ordinances.
B.
Variances. The Code Hearing Board may grant a variance from the strict
application of this Part or of those other Applicable Codes. Such
variances may be granted only in those cases which would result in
practical difficulty or unnecessary hardship and where the public
health and safety shall not be jeopardized.
C.
Decide Appeals. The Code Hearing Board shall hear all appeals made
to it and, depending on its findings, shall decide whether such appeals
shall be granted.
3.
Requests for Appeals or Variances. Any person requesting a variance
or aggrieved by a decision of the Code Enforcement Officer or by any
other employee or official charged with the administration and enforcement
of this Part and of those other Applicable Codes or Ordinances, may
take an appeal to the Code Hearing Board. All appeals shall be made
in writing stating the grounds upon which the appeal is based and
shall be transmitted to the Office of Code Enforcement. An appeal
must be taken within 15 days of the action or of the receipt of written
notice of any decision or ruling which is being appealed.
4.
Appeals and Variance Procedure.
A.
Public Hearing. The Code Hearing Board shall meet and conduct a hearing
within 30 days of the receipt of an appeal or a request for a variance.
All hearings shall be public and all persons whose interest may be
affected shall be given an opportunity to be heard. A record shall
be kept of all evidence and testimony presented at the hearing.
B.
Decision of the Board. All decisions of the Board shall be in writing
and a copy of each decision shall be sent to the applicant and to
the Code Enforcement Officer. The Code Hearing Board shall also retain
in its files a copy of each decision, which files shall be available
for inspection by the public. Each decision shall set forth fully
the reasons for the decision of the Code Hearing Board and the findings
of fact on which the decision was based. The Code Hearing Board shall
make an order on its decision and the Code Enforcement Officer shall
take immediate action to carry out said order.
5.
Appeals from the Decision of the Code Hearing Board. Any person or
persons aggrieved by any final order or decision of the Code Hearing
Board may appeal such order or decision within 30 days, to the Court
of Common Pleas in accordance with, as far as practicable, the Rules
of Civil Procedure of the Supreme Court regarding appeals from administrative
agencies.
6.
Reports by the Code Hearing Board. The Code Hearing Board shall report
to the Council of the Municipality periodically, at intervals of not
later than 12 months. The report shall summarize all applications
and appeals made to it since the last report and shall contain a summary
of the Board's decision on each case. A copy of the report shall
be filed with the Code Enforcement Officer. The Code Hearing Board
may also submit to the Council of the Municipality advisory reports
recommending changes and modifications in this Part or in those other
Applicable Codes or Ordinances.
[Ord. 519, 12/1/1971,
§ 6]
1.
Qualifications of Tradesmen. No person, firm or corporation shall
engage in the practice of plumbing, building, electrical or other
skilled trade activity within the municipality, unless excepted by
this Part, unless technically qualified to perform such activities
in a competent manner. Such technical qualification shall be demonstrated
by the person, firm or corporation by the submittal of the following
information to the Code Enforcement Officer.
A.
A statement describing the training course or courses satisfactorily
completed.
B.
A statement adequately describing the work experience of the person,
firm or corporation.
C.
A statement describing any plumbing, building, electrical or other
licenses received from the state, county or any other municipality.
2.
Review of Qualifications. Such application shall be reviewed and,
if deemed necessary, investigated by the Code Enforcement Officer
and a recommendation for the approval or disapproval of said application
shall be made to the Code Hearing Board. Said Board shall make the
final determination on the technical qualifications and competence
of the applicant.
3.
The above provision for the regulation of plumbers shall not apply
to any person who applies for a permit to do any work regulated by
any of the applicable codes or ordinances in a single or two family
dwelling used exclusively for living purposes, including the usual
accessory buildings and quarters in connection with such dwelling,
provided the person is the bona fide owner of such dwelling and that
the same will be occupied by said owner and that said owner shall
personally purchase all material and perform or supervise all labor
in connection therewith.
