[Ord. 206, 4/15/1957, § 27]
The administration and enforcement of this chapter shall be
vested in an Administrator who shall be the Building Inspector.
[Ord. 206, 4/15/1957, § 28]
1.
Required for new use, or for change in use of land or structure,
or for a nonconforming sign, use or structure.
A.
Application shall be made for any occupancy permit prior to the issuance
of any permit for major excavation or for excavation for, or erection
of a structure or part thereof.
B.
Occupancy permit shall be required for a new or changed use of land
and/or structure hereafter erected, structurally altered or enlarged
or changed in use or to a greater intensity of use, except for a sign,
meeting the requirements of this chapter, which does not exceed three
square feet in area.
C.
Pursuant to the provisions hereof, an occupancy permit shall be required
for the privilege of maintaining, renewing, changing or extending
a nonconforming sign, use or structure.
2.
Application. An occupancy permit shall be applied for:
A.
Simultaneously with the application for a building permit. No permits
for excavation for or the erection of any building or structure, a
part of a building or structure, or for any alteration of or repairs
to a building or structure that changes the type, character or use
of the building or structure to be altered or repaired, shall be issued
before application has been made for certificates of occupancy.
B.
At the time of a change in use of land or structure.
C.
In the case of a nonconforming sign, use or structure, immediately
after the effective date of this chapter or any subsequent amendment
thereto which creates such nonconformity.
3.
Plats Required. All applications for occupancy permits shall be accompanied
by a site plan or plat, in triplicate.
A.
Each site plan or plat shall be drawn to scale and have a northpoint;
the size shall be determined by the Administrator.
B.
Each site plan or plat shall show:
(1)
The street providing access to the lot and the exact location
of the lot in relation to the nearest cross-street.
(2)
The name of the concerned lot plan, if any, and the lot numbers
of the concerned and abutting properties.
(3)
The actual dimensions of the lot, the yard and other open space
dimensions thereof, and the location and size of any existing structure
thereon.
(4)
The location and size of the proposed structure, and/or the
proposed enlargement or alteration of the existing structure.
(5)
Any such other information which in the judgment of the Administrator
may be necessary to provide for the enforcement of these regulations.
C.
Each site plan or plat shall bear statements declaring:
(1)
That no part of the land involved in the application has been
previously used to provide required yard space or lot area for another
structure.
(2)
Which, if any, abutting land was formerly that of the owner
of the land involved in the application, and if any, the approximate
date of title transfer.
D.
Where complete and accurate information is not readily available
from existing records, the Administrator may require the applicant
to furnish a survey of the lot by a registered engineer or surveyor.
E.
Each property owner or authorized agent shall be required to attest
to the correctness of the statement and data furnished with the application.
F.
A file of such applications and plats shall be kept in the office
of the Administrator.
4.
Issuance; Temporary Certificate of Occupancy; Fees:
A.
An occupancy permit shall issue upon examination of the completed
structure and certification by the Administrator, within 10 days after
the erection or structural alterations of such structure shall have
been completed in conformity with the provision of this chapter; however,
such occupancy permit shall be void if not exercised or renewed within
six months of the date of issue. Pending the issuance of a regular
occupancy permit, a temporary certificate of occupancy may be issued
by the Administrator for a period not exceeding six months, during
the completion of alterations or during partial occupancy of a structure
pending its completion. Such temporary certificate shall not be construed
as altering the rights, duties, or obligations of either the owners
or the Borough in respect to the use or occupancy of the premises
in question, or in any matter within the purview of this chapter.
Such temporary certificate shall not be issued except under such restrictions
and provisions as will adequately insure safety of the occupants.
B.
If only a change in use of land or structure, or a nonconforming
sign, use or structure is involved, an occupancy permit shall issue
immediately upon certification of the use by the Administrator.
C.
A fee shall be charge for each occupancy permit and for each temporary
certificate of occupancy issued hereunder. Such fee shall be set from
time to time by Council.
5.
Copies Furnished. A file of occupancy permits shall be kept in the
office of the Administrator. A copy of the permit and accompanying
plat shall be sent to the Department when the permit is issued, and
a copy shall be furnished on request to any person evidenced as having
a proprietary or tenancy interest in the structure or land affected
thereby. A nominal fee shall be charged for each such copy furnished
on request.
[Ord. 206, 4/15/1957; as added by Ord. 2007-04, 12/20/2007,
§ 1; and as amended by A.O.]
1.
A zoning certificate shall be required prior to the start of construction
of any structure or feature (i.e., fence, swimming pool, shed, etc.)
which currently would not require the issuance of a building permit
prior to the start of construction.
2.
Plats Required. All applications for zoning certificates shall be
accompanied by a site plan or plat, in triplicate.
A.
Each site plan or plat shall be drawn to scale and have a north point;
the size and detail shall be determined by the Administrator.
B.
Each site plan or plat shall depict:
(1)
The street providing access to the lot and the exact location
of the lot in relation to the nearest cross street.
(2)
The name of the concerned lot plan, if any, and the lot numbers
of the concerned and abutting properties.
(3)
The actual dimensions of the lot, the yard and other open space
dimensions thereof, and the location and size of any existing structures
thereon.
(4)
The location and size of the proposed structure or other feature
to be constructed or altered.
(5)
Any such other information which in the judgment of the Administrator
may be necessary to provide for the enforcement of these regulations.
C.
Where complete and accurate information is not readily available
from existing records, the Administrator may require the applicant
to furnish a survey of the lot by a registered engineer or surveyor.
D.
Each property owner or authorized agent thereof shall be required
to attest to the correctness of the statement and data furnished with
the application.
3.
Issuance.
A.
The Administrator shall issue an initial approval or denial letter
within 10 days of submission of a complete application and after the
Administrator has reviewed the proposed construction and has determined
that said plans are in conformity to all existing laws, ordinances
and regulations.
B.
The Administrator shall issue a final zoning certificate upon examination
of the completed structure or feature and determining that said structure
or feature is in conformity with this chapter and with the application
submitted pursuant hereto.
4.
A fee in the amount as established, from time to time by resolution
of Borough Council shall be paid at the time of initial application
for all zoning certificates.
[Ord. 206, 4/15/1957, § 29]
1.
Previously Authorized Construction and Use. At the effective date
of this chapter:
A.
Any permit for construction or use that was issued within 60 days
prior to the effective date of this chapter, if for a structure or
use not in conformity with the provisions of this chapter, is hereby
declared void if no substantial construction or substantial establishment
under such permit has been effected, and if no contract or contracts
for construction have been let.
B.
Any structure for which a permit was obtained prior to the effective
date of this chapter and substantial construction of all or a portion
of which was begun or for which contract or contracts for construction
have been let, may be completed and used in accordance with the plans
on which such permit was granted.
2.
Applications for Occupancy Permits Not Accepted During Consideration
of Zoning Reclassification. During a period of two months from the
date of introduction of any ordinance which proposes a zoning reclassification,
unless Council shall have acted upon the ordinance within said two-month
period, the Administrator shall accept no applications for occupancy
permits within the area involved in the proposed reclassification
for any use which would be forbidden under the proposed ordinance.
3.
Approval or Authorization Invalidated. After the Administrator has
approved the issuance of an occupancy permit for a use pursuant to
the provisions hereof, or when the Board has authorized the issuance
of an occupancy permit:
A.
And said permit has not been lifted from the office of the Administrator
within 60 days after the date of said approval or authorization.
B.
If the approved use involves physical improvement and such physical
improvement has not been substantially started within six months after
the date of said approval or authorization.
C.
If the approved use does not involve physical improvement, and no
utilization of said use has been made within six months after the
date of said approval or authorization, then, said approval or authorization
shall be null and void unless extension is approved by the agency
giving the original approval or authorization.
[Ord. 206, 4/15/1957, § 30]
1.
It shall be the duty of the Administrator to enforce this chapter.
He shall, on his own initiative or upon receipt of pertinent information,
proceed to the remedy of violations. The provisions of this chapter
shall supersede any permit or business license in conflict herewith,
and in issuing permits, all departments, officials and public employees
of the Borough of Liberty vested with the duty or authority to so
issue shall take cognizance of the provisions of this chapter.
2.
In the event of the failure to comply with an order issued pursuant
to any section of this chapter, the Administrator with approval of
Council may institute appropriate actions or proceedings at law or
in equity to restrain, correct or abate the violation of the order.
The Borough may recover the amount of the expense by action of assumpsit,
or, where appropriate in the manner provided by law for the collection
of municipal claims.
[Ord. 206, 4/15/1957; as added by A.O.]
1.
If it appears to the Borough that a violation of this chapter has
occurred, the Borough shall initiate enforcement proceedings by sending
an enforcement notice as provided in this section.
2.
The enforcement notice shall be sent to the owner of record of the
parcel on which the violation has occurred, to any person who has
filed a written request to receive enforcement notices regarding that
parcel and to any other person requested in writing by the owner of
record.
3.
An enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom
the Borough intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this chapter.
D.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
E.
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a period of 10 days.
F.
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
[Ord. 206, 4/15/1957, § 30; as amended by A.O.]
1.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefor
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 payable until the date of
the determination of a violation by the magisterial district judge.
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 magisterial district judge 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 magisterial district judge and thereafter each day that a violation
continues shall constitute a separate violation.
2.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
3.
Nothing contained in this section 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 section.
4.
Magisterial district judges shall have initial jurisdiction in proceedings
brought under this section.
[Ord. 206, 4/15/1957; as added by A.O.]
1.
In addition to other remedies, the Borough may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
2.
The Borough may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of this chapter. This authority to deny such a permit
or approval shall apply to any of the following applicants:
A.
The owner of record at the time of such violation.
B.
The vendee or lessee of the owner of record at the time of such violation
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
C.
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
D.
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
3.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Borough may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
