A.
Appointment. This chapter shall be administered and enforcement actions
undertaken by the Zoning Officer. The Zoning Officer, may from time
to time, be assisted by a building inspection service appointed by
the Borough Council. Representatives of this service shall exercise
all the powers of the Zoning Officer at such times as the Zoning Officer
indicates and during temporary disability or absence of the Zoning
Officer.
B.
Duties. The Zoning Officer shall:
(1)
Administer the Zoning Ordinance in accordance with its literal terms;
(2)
Identify and register nonconforming lots, uses and building structures,
together with the reasons therefor;
(3)
Receive and examine all applications required under the terms of
this chapter;
(4)
Issue or refuse permits within 30 days of the receipt of the complete
application, except as specifically provided in this chapter;
(5)
Receive complaints of violations of this chapter from persons aggrieved
or alleged to be aggrieved by said violations;
(6)
Issue an enforcement notice to any person violating any provisions
of this chapter and institute civil enforcement proceedings as a means
of enforcing this chapter, as hereinafter set forth;
(7)
Keep records of applications, permits and certificates issued, of
variances granted by the Zoning Hearing Board, of complaints received,
of inspections made, of reports rendered, and of notices or orders
issued; such records shall be maintained and stored at the Borough
offices and are the property of the Borough, and shall be available
for the use of the Zoning Hearing Board, Council, other officials
and staff, and Borough residents;
(8)
Make all required inspections and perform all other duties as called
for in this chapter; and
(9)
Have the authority to enter, at any reasonable hour, any structure,
building, premises or land in the Borough to enforce the provisions
of this chapter.
C.
Conflicts. The Zoning Officer shall not hold any elective office
within the Borough.
D.
Qualifications. The Zoning Officer shall demonstrate a working knowledge
of municipal zoning and shall meet all qualifications as established
by Borough Council.
E.
Limitations of authority. The Zoning Officer shall not have the power
to permit any construction, use or change of use which does not conform
to this chapter and all other chapters and ordinances of the Borough
of Bath.
F.
Stop-work orders.
(1)
Upon notice from the Zoning Officer that work on or use or occupancy
of any building, structure, sign, land or premises is conducted contrary
to the provisions of this chapter, such work shall be stopped immediately.
The stop-work order shall be served to the owner of the property involved,
or to the owner's agents, and to the person doing the work, by certified
mail and/or in person and/or by posting the property, and shall state
the conditions under which work may be resumed in accordance with
applicable time limitations.
(2)
Any person who authorizes or continues any work, use or occupancy in or about any structure, building, sign, land or premises after having been served with a stop-work order, except such work as is directed by the Borough to be performed, shall be in violation of the chapter and subject to the remedies as set forth in §§ 675-11 and 675-12 hereof.
(3)
Any person who has been served with a stop-work order or discontinues
or abandons work shall not leave any structure, building, sign, land
or premises in such condition as to be hazardous to the public health,
safety and welfare. In the event any structure, building, sign, land
or premises is abandoned or left in a condition which, in the opinion
of the Zoning Officer, constitutes a hazard to the public health or
safety may declare the same to be a violation. Such hazard shall thereafter
be remedied as permitted or required by statute or chapter.
(4)
This article shall not apply to any existing or proposed building
or extension thereof used or to be used by a public utility if, upon
petition of the utility, the Pennsylvania Public Utility Commission
shall, after a public hearing, decide that the present or proposed
condition of the building condition of the building in question is
reasonably necessary for the convenience or welfare of the general
public.
G.
Relief from personal responsibility. The Zoning Officer or any employee
charged with the enforcement of this chapter, while acting in such
capacity, shall not be personally liable for any actions, effects,
consequences or results undertaken in furtherance of the provisions
of this chapter. Any suit instituted against the Zoning Officer or
any employee because of an act performed by him in the lawful discharge
of his duties pursuant to the chapter in good faith and without malice
shall be defended by the legal representative of the Borough and all
costs associated with such action or actions shall be borne by the
Borough.
H.
Right of entry. In the discharge of the duties prescribed herein,
the Zoning Officer shall have the authority to enter, at any reasonable
hour, any structure, building, premises or land in the Borough to
enforce, or to verify compliance with, the provisions of this chapter.
A.
Council shall appropriate from general funds monies to finance the
preparation, administration and enforcement of this chapter, to finance
the work of the Zoning Hearing Board and to support or oppose, upon
appeal to the courts, decisions of the Zoning Hearing Board. For the
same purposes, Council may accept gifts and grants of money and services
from private sources and from county, state and federal governments
which are not prejudicial to the fair and impartial enforcement and
administration hereof.
B.
Council shall prescribe reasonable fees to be charged with respect
to the administration of this chapter and all applications filed hereunder.
C.
Such fees may, from time to time, be adjusted, increased, or expanded
by resolution of the Borough Council.
A.
All persons or entities desiring to undertake any new construction,
structural or site alteration, grading or changes in the use of a
building or lot shall apply to the Zoning Officer for a zoning permit
by completing the appropriate application form and by paying all required
fees. No application shall be accepted or deemed complete until such
time as all forms, materials and plans are fled and any and all fees
are fully paid.
B.
The Zoning Officer shall either issue the zoning permits, refuse
the permit, indicating in writing the reason therefor or defer the
decision until such time as the required approvals of Council, the
Zoning Hearing Board or the recommendations of the Planning Commission
are received.
D.
Until a permit is issued, no construction shall be undertaken, and
any construction which has occurred prior to the issuance of the permits
shall, if requested by the Zoning Officer or Borough Council, be removed.
E.
If a permit has been issued, the action proposed may be immediately
undertaken.
F.
Upon completion of the construction, the applicant may apply to the
Zoning Officer for an occupancy permit (where such a permit is required).
G.
If the Zoning Officer finds that the action of the applicant is in
accordance with the zoning permit, all applicable chapters, governmental
enactments and any other required permits, an occupancy permit shall
be issued allowing the premises to be occupied.
A.
If it appears to the Zoning Officer that a violation of any provision
of this chapter has occurred, enforcement proceedings shall be initiated
by sending an enforcement notice as provided in this section.
B.
The enforcement notice shall be sent to the owner of record of the
parcel on which the violation has occurred, to any known occupant
(if different from the owner), 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.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against
whom the Zoning Officer 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, or other statute, chapter or regulation.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal, in
writing, to the Zoning Hearing Board or Borough Council, whichever
is appropriate, within 15 days of receipt of the notice.
(6)
Any person who authorizes or continues any work, use or occupancy in or about any structure, building, sign, land or premises after having been served with an enforcement notice, except such work as is directed by the Borough to be performed shall be in violation of this chapter and subject to the remedies set forth in §§ 675-11 and 675-12 hereof.
(7)
Any person who has been served with an enforcement notice or
discontinues or abandons work shall not leave any structure, building,
sign, land or premises in such condition as to be hazardous to the
public health, safety and welfare. In the event any structure, building,
sign, land or premises is abandoned or left in a condition which,
in the opinion of the Zoning Officer, constitutes a hazard to the
public health, safety and welfare, the Zoning Officer may declare
the same to be a nuisance. Such hazard shall, thereafter, be remedied
as permitted by statute, chapter or law.
In the event any building, structure, landscaping or land is,
or is proposed to be, erected, constructed, reconstructed, altered,
converted, maintained or used in violation of any provision of this
chapter, the Borough, through its designated staff, or any aggrieved
owner or tenant of real property who can show that his property or
person will be substantially affected by the alleged violation, in
addition to other remedies, may institute any appropriate action or
proceeding to prevent, restrain, correct or abate such building, structure,
landscaping of land, or to prevent, in or about such premises, any
act, conduct, business or use constituting a violation. When any such
action is instituted by a landowner or tenant, notice of that action
shall be served upon the Borough Zoning Officer at least 30 days prior
to the time that action is begun by serving a copy of the complaint
thereon. No such action may be maintained until such notice has been
given.
Any person, partnership or corporation who or which has violated
or permitted the violation of any of the provisions of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding,
pay a judgment of not less than $100, and the maximum penalties allowable
by law, 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 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 basis for the person, partnership or corporation violating the
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. All judgments, costs
and reasonable attorney fees collected for the violation of this chapter
shall be paid over to the Borough of Bath.
