[Ord. 1973-17, 9/5/1973, § 1; as amended by Ord. 1974-13, 8/12/1974, § 1]
1. 
Creation of Office of Code Enforcement. There is hereby created by the Council of the Borough an office of the Borough 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 Borough (hereinafter referred to as the "applicable codes and ordinances"), which designate said Office of Code Enforcement as their official administration and enforcement agency.
2. 
Appointment of Code Enforcement Officer. There shall be appointed by the Council of the Borough, a Code Enforcement Officer, who shall be in charge of the Office of Code Enforcement of the Borough. The Code Enforcement Officer shall supervise such other employees or assistance as shall be necessary for the administration and execution of the responsibilities of said Office, as appointed and approved by the Council of the Borough. Said Code Enforcement Officer and other personnel may consist of employees directly hired and compensated by the Borough.
3. 
Relief from Personal Liability. The Code Enforcement Officer or other official or employee shall not, while acting for the Borough, 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 Borough and in no case will said officer, official or employee be liable for cost 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 judgement 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.
5. 
Fire Chief. In accordance with the Fire Prevention Code of the Borough, the Fire Chief has been established as the authorized representative of the Office of Code Enforcement of the Borough having all of the duties for enforcement of the Fire Prevention Code of the Borough provided for in this Part. The Fire Chief shall continue to serve in this capacity until such time as Council declares otherwise.
[Ord. 1973-17, 9/5/1973, § 2; as amended by Ord. 1974-13, 8/12/1974, § 1]
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.
A. 
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 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, including police and fire department, shall be available to the Code Enforcement Officer to assist in the performance of his duties and in securing right-of-entry.
B. 
The Code Enforcement Officer and the owner, operator, occupant or other person in charge of any structure or premises subject to the provisions of this Part may agree to an inspection by appointment at a mutually convenient time.
C. 
The owner, operator, 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.
D. 
If any owner, operator, occupant or other person in charge fails or refuses to permit entry and free access to the structure or premises under his control, or to 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.
4. 
Agreement with West Side Council of Governments. In accordance with § 5-101, Subsection 1, the Council of the Borough hereby authorizes the Mayor and the President of Council to enter into an agreement with the West Side Council of Governments authorizing said Council of Governments to appoint any necessary personnel and authorized representative who shall serve the Borough as provided for in the Code Enforcement Ordinance of the Borough.
[Ord. 1973-17, 9/5/1973, § 3; as amended by Ord. 1974-13, 8/12/1974, § 1; and by A.O.]
1. 
Permits 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 of Application. The Code Enforcement Officer shall examine said application to determine compliance with those other applicable codes and ordinances of the Borough 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.
A. 
All fees for permits or services provided under this Part or other applicable code and ordinances shall be in such amounts as may be established from time to time by resolution of the Borough Council.
B. 
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 reason; 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.
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.
A. 
Certificate of Use and Occupancy. In accordance with § 120.0 of the BOCA Basic Building Code, a certificate of use and occupancy shall be required, and no new building or portion of an existing building which is enlarged or altered, shall be used or occupied in whole or in part, until such a certificate or use and occupancy shall have been issued by the Code Enforcement Officer.
B. 
Certificate of Approval. A certificate of approval shall be required for any electrical or plumbing work completed under the provisions of the applicable codes and ordinances. All applicants shall apply to the Office of Code Enforcement for such a certificate of approval within 30 days of the completion of the building, structure, work or premises.
C. 
Other Certificates. Any other permits, certificates or licenses, as required by the applicable codes and ordinance shall be obtained by the applicant in accordance with the provisions of said applicable codes and ordinances. Application for such permits, certificates or licenses shall be made to the Code Enforcement Officer.
[Ord. 1973-17, 9/5/1973, § 4; as amended by Ord. 1974-13, 8/12/1974, § 1; and by A.O.]
1. 
Procedure in Case of Violations. Whenever the Code Enforcement Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this Part, or of the other applicable codes and ordinances, or of any rules and regulations adopted pursuant thereto, he shall proceed as follows:
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 any other method authorized under the laws of the Commonwealth of Pennsylvania.
B. 
Said notice shall include a statement of the reasons why the notice is bring 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 60 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 90 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 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 or ordinances shall be subject, for each violation, to a fine of not less than $25 nor more than $1,000 plus costs together with reasonable attorney fees and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
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 Borough 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 Borough 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 it is unsafe, dangerous or unfit for human habitation has not been compiled 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 Expense. The expense incurred pursuant to Subsection 3B of this Part and of the other applicable codes and ordinances shall be paid by the responsible owner, operator, 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 expense incurred. The Council of the Borough may institute a suit to recover such expense to be charged against the property as a lien.
[Ord. 1973-17, 9/5/1973, § 5; as amended by Ord. 1974-13, 8/12/1974, § 1]
1. 
Code Hearing Board. There is hereby established a Code Hearing Board appointed by the Council of the Borough 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 Borough 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 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 of 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 Borough 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 Borough advisory reports recommending changes and modifications in this Part or in those other applicable codes or ordinances.
7. 
Appointment of a Representative to the West Side Council of Governments Code Hearing Board. In accordance with §§ 5-102, Subsection 4 and 5-105, Subsection 1, of this Part, the Council of the Borough is hereby authorized to appoint a representative to the West Side Council of Governments Code Hearing Board which shall act in behalf of and instead of the Code Hearing Board of the Borough.
[Ord. 1973-17, 9/5/1973, § 6]
1. 
Savings Clause. Nothing in this Part shall be construed to affect any suit or proceeding now pending in any court, or any actions required, or liability incurred, or any clause or clauses of action accrued or existing, under any act or ordinance repealed hereby. No right or remedy of any character shall be lost, impaired, or affected by this Part.
2. 
Validity. The invalidity of any section or provision of this Part shall not invalidate other sections of provisions thereof.
3. 
Conflict of Ordinances. Any ordinance or part of ordinance conflicting with the provisions of this Part be, and the same is hereby repealed, insofar as the same affects this Part.
4. 
Short Title. This Part shall be known and may be cited as the "Code Enforcement Ordinance of the Borough."