[Ord. 383, 5/3/1999, § 1]
The Office of Code Enforcement Officer (hereinafter referred
to as "CEO") is hereby created by the Borough Council of the Borough
of New Oxford, subject to the right of the Borough, by Ordinance at
any time, to abolish such office. Various ordinances of the Borough
previously designated specific officers for the enforcement of those
ordinances including Zoning Officer, Police Officer and Chief of Police.
It is the purpose of the creation of the Office of Code Enforcement
to consolidate the enforcement positions and to further provide the
enforcement of the various Borough ordinances which previously designated
the Chief of Police, police officers or law enforcement officers of
the Borough to enforce the same.
[Ord. 383, 5/3/1999, § 2]
The Borough Council shall appoint, by majority vote of all of
its members, one person to fill the office of CEO. In the case of
a vacancy, the Borough Council shall fill such office by majority
vote of all of its members. The CEO shall, however, be subject to
removal without cause at any time by a majority vote of all of the
members of Borough Council.
[Ord. 383, 5/3/1999, § 3; as amended by Ord. 406,
1/5/2004, § 1]
The CEO shall be chosen solely on the basis of his or her supervisory
and administrative abilities, with special reference to his or her
actual experience in, or his or her knowledge of accepted practices
in respect to the duties of the office as outlined herein. The CEO
need not be a resident of the Borough or the Commonwealth of Pennsylvania.
[Ord. 383, 5/3/1999, § 4]
Before entering upon his or her duties, the CEO shall give a
bond to the Borough with a bonding company as surety in the sum of
$50,000 consolidated for the faithful performance of his or her duties.
The premium for said bond is to be paid for by the Borough of New
Oxford.
[Ord. 383, 5/3/1999, § 5]
The CEO shall receive such compensation as shall be fixed from
time to time by resolution of the Borough Council of the Borough of
New Oxford.
[Ord. 383, 5/3/1999, § 6]
The CEO shall be in charge of the Office of Code Enforcement
and shall be responsible to the Borough Council, as a whole, for the
proper and efficient administration of the affairs of said office.
[Ord. 383, 5/3/1999, § 7]
1.
Subject to revision by further ordinance, the powers and duties of
the CEO shall include the following:
A.
The CEO 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.
B.
The CEO shall enforce and administer all of the provisions of the
Zoning Ordinance of the Borough and shall undertake all of the duties
of the Zoning Officer as those duties are delineated and defined in
the Pennsylvania Municipalities Planning Code.
C.
The CEO shall enforce and administer all of the provisions of all
other applicable codes and ordinances including, but not limited to,
those codes and ordinances which have previously established the Borough's
Police Department, police offices, law enforcement officers or Chief
of Police to enforce and administer the same.
D.
The duties of the CEO shall include the receipt of applications,
the issuance of permits, notices, certificates and orders, the making
of inspections to determine conformance with all 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
Borough, the keeping of records, the issuance of written annual reports
and such other activities as may be required.
E.
The CEO shall attend all meetings of the Borough Council and may
appropriate Borough committee meetings upon request with the right
to take part in the discussion, and he or she shall receive notice
of all special meetings of the Borough Council and of its committees.
F.
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 any 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 CEO for proper and effective administration and
enforcement of the provisions of all applicable codes and ordinances
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 unless disclosure is required pursuant to the
Pennsylvania Right to Know Law.
G.
The CEO shall keep the Borough informed as to the conduct of the
Office of Code Enforcement; submit periodic reports on the affairs
of said office and such other reports as the Borough shall request;
and shall make such recommendations to the Borough as he or she deems
necessary.
H.
The CEO shall submit to Council, as soon as possible after the close
of the fiscal year, a complete report on the affairs and activities
of the Office of Code Enforcement for the preceding year.
I.
In the discharge of his or her duties, the CEO and his or her authorized
representative, if any, upon showing proper identification where requested,
is hereby authorized to enter and inspect, during normal working hours,
any structure, premises or property in the Borough to enforce the
provisions of this Part and of those other applicable codes and ordinances.
The assistance and cooperation of all other Borough officials shall
be available to the CEO to assist in the performance of his or her
duties and in securing right-of-way.
(1)
The CEO and the owner, operator or occupant or other person
in charge of any structure, premises or property subject to the provisions
of this Part may agree to an inspection by appointment at a mutually
convenient time.
(2)
The owner, operator or occupant or other person in charge of
any structure, premises or property shall give the CEO entry and free
access thereto and to every part of the structure or to the premises
surrounding the structure if necessary for the CEO to complete his
or her inspection.
(3)
If any owner, operator or occupant or other person in charge
fails or refuses to permit entry and free access to the structure,
premises or property under his or her control, or to any part thereof,
with respect to any authorized inspection, the CEO 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.
J.
The CEO shall serve a notice of violation or order on the person
responsible for any situation in violation of these codes or ordinances
which are under his or her direction pursuant to this Part. If the
notice of violation is not complied with within the time specified
on the notice, the CEO is hereby authorized to file a complaint or
institute summary criminal proceedings, in accordance with the Rules
of Criminal Procedure.
K.
The CEO shall cooperate with the Borough Council and all other Borough
officials at all times and in all matters in order that the best interest
of the Borough and the general public may be maintained.
[Ord. 383, 5/3/1999, § 8]
The CEO shall not, while acting for the Borough within the scope
of his or her employment, render himself or herself liable personally
because of any act or omission as required or permitted in the discharge
of his or her official duties. Any suit instituted against such CEO,
because of any act performed by him or her in the lawful discharge
of his or her duties, shall be defended by the Solicitor of the Borough
or the Borough's liability insurance carrier and in no case will said
CEO be liable for costs in any action, suit or proceeding.
