[HISTORY: Adopted by the Board of Supervisors of the Township
of Mount Joy 9-17-2015 by Ord.
No. 2015-04. Amendments noted where applicable.]
The purpose of this chapter is to provide for the administration
and enforcement of the Act[1] and Uniform Construction Code by Mount Joy Township within
its municipal boundaries.
[1]
Editor's Note: See 35 P.S. § 7210 et seq.
This chapter is enacted pursuant to the enabling authority of
the Second Class Township Code, 53 P.S. §§ 1506 and
1517, and the Act.
[Amended 10-19-2017 by Ord. No. 2017-02]
The Township adopts those provisions of the International Building
Code of 2015 enumerated in 34 Pa. Code §403.21 as Pennsylvania's
Uniform Construction Code as the building code of the Township. Where
appropriate for the administration and enforcement of the Uniform
Construction Code, adopted hereby as the building code of this Township,
"Mount Joy Township" shall be inserted as the name of the jurisdiction
and the effective date of this chapter shall be inserted.
The definitions set forth in the Uniform Construction Code are
adopted as if set forth herein. The following words and terms when
used in this chapter shall have the following meanings unless the
context specifically and clearly indicates otherwise:
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(Reserved)
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A.
Administration and enforcement of the Act and the Uniform Construction
Code within the Township shall be undertaken by means of the retention
of one or more construction code officials or third party agencies
to act on behalf of the Township.
B.
By resolution adopted subsequent to this chapter the Township may
determine to administer and enforce the Act and the Uniform Construction
Code:
(1)
By the designation of an employee of the Township to serve as the
Township Code Official to act on behalf of the Township.
(2)
By agreement with another municipality for its administration and
enforcement of the Act and the Uniform Construction Code on behalf
of the Township.
(3)
By agreement with one or more other municipalities for the joint
administration and enforcement of the Act and the Uniform Construction
Code through an intermunicipal agreement duly entered into under then
current law.
Fees assessable by the Township for the administration and enforcement
of the Uniform Construction Code shall be established by the Board
of Supervisors by resolution.
A.
The fee shall be paid at the time a complete application for permit
is presented to the Township. In no case shall the application be
accepted as complete or approved prior to payment of the fee.
B.
Inspection fees shall be paid at the time of the request for inspection
or at a time otherwise established by resolution.
A building permit shall be required for all construction work
done, or as otherwise required by the Uniform Construction Code, within
the Township. Application for a building permit shall be made to the
Township and shall be accompanied by the requisite fee and a drawing
or other descriptive material sufficient to permit the Township to
determine that the work in all respects complies with the building
permit ordinance and the Uniform Construction Code.
A building requiring a building permit under this chapter and
the Uniform Construction Code shall not be occupied or used without
first having obtained an occupancy permit. Such occupancy permit shall
be issued only upon completion of a project for which a building permit
has been issued, including the completion of all required inspections
and the making of all necessary determinations that the project meets
the requirements of the Uniform Construction Code.
The Township shall appoint at least one agency, certified by
the Department of Labor and Industry of the Commonwealth of Pennsylvania
as an approved inspection agency, to conduct inspections under the
Uniform Construction Code.
A.
Coordination of inspections with the inspection agency shall be the
responsibility of the permittee.
B.
The permittee shall give the inspection agency no fewer than 48 hours'
advance notice for any requested inspection service. Notwithstanding
such notice, the inspection agency may schedule and conduct the inspection
at a time determined to be reasonable under applicable circumstances,
including but not limited to, prior scheduled inspections and the
construction to be inspected.
The construction code official or agency, charged with the administration
and enforcement of this chapter and the Uniform Construction Code,
and the inspection agency are authorized to issue an order stopping
construction where no building permit has been issued as required
by this chapter and the Uniform Construction Code or there is a violation
of the Uniform Construction Code. Such stop work order shall be in
writing issued to the permittee; in the event there is no permittee,
such stop work order shall be in writing issued to the property owner.
If reasonably capable of determination, such stop work order shall
also be issued in writing to the person(s) engaging in the unpermitted
or unlawful construction activity. The property also shall be posted
with the stop-work order.
The Township shall establish an appeals board to hear all appeals
from actions, determinations and decisions made under this chapter
and the Uniform Construction Code, including but not limited to, the
issuance of permits, denial of applications for permits, conduct and
results of inspections, and the issuance of stop-work orders. An appeal
may be brought to the Appeals Board by filing such appeal, in writing
or, where one has been adopted by the Township, on a Township Uniform
Construction Code appeals form, not more than 10 days following the
action, determination or decision appealed from.
A.
Upon discovery of any violation of this chapter, the Township may,
in its sole discretion, opt to forego any prosecution hereunder by
granting a period of up to 60 calendar days to comply with the provisions
of this chapter. Upon failure of the owner to effect such compliance,
the Township may initiate prosecution as hereinafter set forth.
B.
Any person who violates or permits the violation of this chapter
shall, upon being found liable therefore in an action brought before
a magisterial district judge in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
pay the fine plus all court costs, including reasonable attorney's
fees incurred by the municipality in any enforcement proceeding, as
may be ordered. The Municipal Solicitor may assume charge of the prosecution
without the consent of the District Attorney as required under Pa.R.Crim.P.
No. 83(c) (relating to trial and summary cases).
C.
Each violation of this chapter shall be punishable by a fine of not
more than $1,000 for each day or portion thereof in which a violation
is found to exist. A separate violation arises for each section of
the chapter which is found to have been violated.
In addition to any other remedies provided in this chapter,
the Township, in its sole discretion, may seek institute a suit(s)
in equity or law under any applicable law, including nuisance, to
prevent or enjoin the violation or obtain any other legal relief from
a court of competent jurisdiction.
