[Ord. 778, 5/8/2012, § 1]
1.
Building/Zoning Permit.
A.
A building/zoning permit demonstrating compliance with applicable
Pennsylvania Uniform Construction Code standards, shall be obtained
before any person may:
B.
A building/zoning permit is not required for normal maintenance activities,
minor repairs, or remodeling or alterations which do not affect the
basic structure of an existing building, or increase the lot area
coverage, or change the use of the parcel or building.
C.
Applications for a building/zoning permit shall be filed with the
Zoning Officer, shall be in writing, and shall be accompanied by:
(1)
Two copies of a site plan drawn to scale and showing the boundary
lines and actual dimensions of the lot, the exact size and location
of all existing buildings and other structures, the exact size and
location of any proposed new buildings or other structures, the size
and location of parking spaces, etc.
(2)
Specification of the intended use of the lot or structure.
(3)
A description of the proposed work, indicating the number of
rooms, dwelling units, offices, etc.
(4)
Identification of the record owner of the property and the actual
owner, if different.
(5)
Such other information as may be deemed necessary by the Zoning
Officer.
D.
Every building/zoning permit shall be applied for, issued and accepted
upon the following conditions:
(1)
The work actually done must conform strictly to the documents
submitted with the application for the permit.
(2)
If inspection of the work by the Zoning Officer reveals a deviation
from the application documents, the Zoning Officer shall issue a "stop
work" order to the permit holder.
(3)
Upon receipt of a "stop work" order, the permit holder shall
immediately cease all construction activity and correct the nonconforming
work.
E.
After a building/zoning permit has been issued, the use and/or work
authorized by such permit must be initiated within six months from
date of issue, or the permit shall be void. All work must be completed
and site restored within 18 months of the date of permit issuance.
These limitations may be extended when delay is found by the Zoning
Officer to be beyond control of the applicant.
F.
A building/zoning permit relating to work to be done shall be posted
and displayed prominently on the premises by the applicant until all
such work has been completed.
2.
Occupancy Permit.
A.
An occupancy permit shall be obtained before any person may:
(1)
Occupy or use vacant land.
(2)
Occupy a newly constructed building.
(3)
Occupy and use a building moved, enlarged or altered so as to
require a building/zoning permit.
(4)
Occupy land or a structure the previous use of which is being
changed, except to another use of the same kind.
(5)
Begin a new nonconforming use which is being changed from a
previous nonconforming use.
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It is unlawful for a person to do any of the foregoing acts
before an occupancy permit has been issued.
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B.
An application for a building/zoning permit shall also constitute
an application for an occupancy permit. When the subject land or structure
is believed to be ready for use or occupancy, the applicant shall
so notify the Zoning Officer and request an inspection. If the Zoning
Officer is satisfied after inspection that the work done and the proposed
use are in full conformity with the provisions of this chapter, he
shall issue an occupancy permit. However, if upon inspection the Zoning
Officer determines that either the work done or the proposed use is
not in full conformity with the provisions of this chapter, he shall
not then issue an occupancy permit, but shall instead inform the applicant
of his findings and the corrections necessary. When the Zoning Officer
is fully satisfied, after corrective action and reinspection, that
the work done and the proposed use do in fact comply with the provisions
of this chapter, he shall issue the occupancy permit within 30 days.
[Ord. 778, 5/8/2012, § 1]
1.
Qualifications. To be eligible for appointment as the Zoning Officer
of Beaver Borough, a person must meet the following qualifications:
2.
Duties. The Zoning Officer shall perform the following duties:
A.
Receive, consider and either grant or deny applications for permits.
B.
Make site visits and physical inspections and measurements to assure
conformity of the work actually done with the plans submitted with
the application for the building/zoning permit.
C.
Prepare and maintain complete and accurate records of such inspections,
including the date of and findings of each.
D.
Attend public meetings and public hearings of the Planning Commission,
when requested to do so.
E.
Attend public hearings of the Zoning Hearing Board, whenever appropriate.
F.
Attend public hearings and meetings of the Borough Council, when
requested to do so.
G.
Attend hearings held by the district justice in civil enforcement
proceedings, when requested to do so by the Borough Solicitor.
H.
Take such other actions as may be directed by this chapter.
I.
Take such other actions as may be necessary for the proper administration
of this chapter.
3.
Enforcement Powers. The Zoning Officer is hereby authorized, when
acting within the scope of his or her employment, to institute civil
enforcement proceedings as provided for in the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, 53 P.S. § 10101 et seq.,
as amended, as a means of enforcing the provisions of this chapter.
[Ord. 778, 5/8/2012, § 1]
1.
The Borough Council shall establish, by motion or resolution, a schedule
of fees for building/zoning permits, occupancy permits, applications
for conditional use permits, applications for uses by special exception,
applications for variances, and applications for any other action
which may be authorized under this chapter or the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, 53 P.S. § 10101 et seq.,
as amended.
2.
No permit shall be issued and no other requested action shall be
taken until the prescribed fee therefore has been paid in full.
[Ord. 778, 5/8/2012, § 1]
1.
Any apparent violation of this chapter which is observed by the Zoning
Officer, or any other Borough official, shall cause such official
to initiate the following proceedings:
A.
The Zoning Officer shall notify, in writing, by certified mail, the
person(s) responsible for such violation, indicating the nature of
the violation and order the action necessary to correct it. The Zoning
Officer shall order discontinuance of illegal use of land, building
or structure; removal of illegal buildings or structures, or of additions,
alterations or structural changes thereto; discontinuance of illegal
work being done, or shall take any other action authorized by this
chapter to insure compliance with, or prevent violation of, its provisions.
B.
Notice of violation shall be given in writing, by certified mail
and shall require abatement of the violation within a time period
specified in the notice. Such time period will begin on the day of
receipt of said notice. In cases of emergency involving the health,
safety, and welfare of any person, or the public, immediate correction
or abatement of the violation may be imposed.
C.
The notice of violation shall contain the following information:
(1)
The name(s) of the owner of record and any other person against
whom the Borough intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation, with a description of the requirements
which have not been met, citing in each instance, the applicable provisions
of this chapter.
(4)
The date before which the steps for compliance must be commenced,
and the date before which such steps must be completed.
(5)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within a prescribed period of time, in accordance
with procedures set forth in this chapter.
(6)
Failure to comply with the notice in the time specified, unless
extended by appeal to the Zoning Hearing Board, constitutes a violation,
with possible sanctions clearly described.
[Ord. 778, 5/8/2012, § 1]
1.
This chapter shall be enforced by the Zoning Officer. No permit of
any kind, as provided for in this chapter, shall be granted by him/her
for any purpose except in compliance with the provisions of this chapter,
or a decision of the Zoning Hearing Board or of the court.
2.
Whenever a violation of this chapter occurs, or is alleged to have
occurred, any person may file a written complaint. Such complaint,
stating fully, the causes and basis thereof, shall be filed with the
Zoning Officer. He/she shall record each complaint that is properly
submitted, immediately investigate and take action thereon, as provided
by this chapter.
[Ord. 778, 5/8/2012, § 1]
1.
Any person, partnership or corporation who, or which, has violated
or permitted the violation of the provisions of this chapter shall
upon being found liable therefore in a civil enforcement proceeding
commenced by the Borough, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney fees incurred by the
Borough as a result thereof. No judgment shall commence or be imposed,
levied or be payable until the date of the determination of a violation
by the district justice. If the defendant neither pays, nor timely
appeals the judgment, the Borough may enforce the judgment pursuant
to the applicable rules of civil procedure. Each day that a violation
continues shall constitute a separate violation, unless the district
justice, determining that there has been a violation, further determines
that there was a good faith basis for the person, partnership or corporation
violating this chapter, to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the district justice and thereafter, each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorneys fees collected for the violation of this
chapter shall be paid over to the Borough.
2.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine, pending a final adjudication
of the violation and judgment.
3.
Nothing contained in this Part shall be construed or interpreted
to grant to any person or entity, other than the Borough, the right
to commence any action for enforcement pursuant to this chapter.
