[Ord. 12-8-97A, 12/8/1997, § 1601]
The provisions of this chapter shall be administered and enforced
by a Zoning Officer and any assistants or subordinates who shall be
appointed by the Borough Council. The Zoning Officer may be provided
with the assistance of such persons as the Borough Council may direct.
The compensation shall be determined by resolution of the Borough
Council.
[Ord. 12-8-97A, 12/8/1997, § 1602]
1.
General. The Zoning Officer shall administer this chapter in accordance
with its legal terms and shall not have the power to permit any construction
or any change of use which does not conform to this chapter and to
other applicable ordinances of the Borough of Akron and to the laws
of the Commonwealth of Pennsylvania.
2.
Application and Permits. The Zoning Officer shall receive applications
and issue permits and/or certificates of use and occupancy for the
erection, construction, alteration, repair, extension, replacement,
relocation, conversion, and/or use and use and occupancy of any building,
structure, sign, or land in the Borough, as described elsewhere herein.
3.
Inspections. Before issuing any permit, the Zoning Officer may, at
the Zoning Officer's discretion, examine or cause to be examined all
buildings, structures, signs, or land and portions thereof for which
an application has been filed for the erection, construction, alteration,
repair, extension, replacement, relocation, conversion, and/or use.
Thereafter, the Zoning Officer may make such inspections during the
completion of work for which a permit has been issued. Upon completion
of such work and before issuing a certificate of use and occupancy,
a final inspection shall be made and all violations of approved plans
or permit shall be noted, and the holder of the Permit shall be notified
of the discrepancies.
4.
Complaints Regarding Violations. The Zoning Officer may and, when
in receipt of a signed written complaint stating fully the cause and
basis thereof, shall investigate alleged violations of this chapter.
If a signed written complaint is received, the Zoning Officer shall
endeavor to complete said investigation within 30 days of said complaint.
A written report of investigation of this chapter shall be prepared
and maintained on file, with copies provided to the Borough Council.
5.
Official Records. It shall be the duty of the Zoning Officer to maintain
and be responsible for all pertinent records on zoning matters in
the Borough. These records shall include, but not be limited to, all
applications received, copies of all permits and certificates issued,
copies of orders and findings of the Zoning Hearing Board, written
complaints of alleged violations, records of all inspections made,
a current copy of this chapter and all amending ordinances, the Official
Zoning Map, and all other pertinent information. The records of the
Zoning Officer's office shall be kept at the Borough municipal building
and be available for the use of the Borough government and for inspection
of any interested person during normal office hours. The Zoning Officer
shall at least annually submit to the Borough Council a written statement
of all permits and certificates of use and occupancy issued and violations
and stop-work orders recommended or promulgated.
[Ord. 12-8-97A, 12/8/1997, § 1603]
1.
Requirements. Until a permit has been obtained from the Zoning Officer,
it shall be unlawful to (A) excavate, (B) store material, machinery,
or equipment on a lot in connection with the erection, construction,
placement, reconstruction, alteration, repair, extension, replacement,
restoration, or conversion of any structure, building, or sign, or
(C) change the use, area of use, percentage of use or open area, or
displace the use of any land structure, building, sign, or portion
thereof in the Borough.
2.
Form of Application. The application for a permit shall be submitted
in such form as the Zoning Officer may prescribe and shall be accompanied
by the required fee as prescribed. Application for a permit shall
be made by a landowner or developer (but must be co-signed by all
landowners). The full names and addresses of the landowner or developer
and of the responsible officers, if the landowner or developer is
a corporate body, shall be stated in the application.
3.
Description of Work. The application shall contain a general description
of the proposed work and/or use and occupancy of all parts of the
building, structure, or sign and such additional information as may
be required by the Zoning Officer. The application for the permit
shall be accompanied by a plot plan of the proposed building structure
or sign drawn to scale with sufficient clarity to show the nature
and character of the work to be performed, including off-street parking
and loading space if required, the location of new and existing construction,
and the distances of the same from the existing lot lines and street
right-of-way lines, and such other information as the Zoning Officer
shall reasonably require to make the Zoning Officer's determination
hereunder.
4.
Issuance of Permit. Upon receiving the application, the Zoning Officer
shall examine the same within a reasonable time after filing. If the
application or plans do not conform to the provisions of this chapter
and all pertinent laws and regulations, the Zoning Officer shall reject
such application in writing, stating the reasons therefore. If satisfied
that the proposed work or use conforms to the provisions of this chapter
and all other pertinent laws and ordinances and that the proposed
permit has been properly applied for, the Zoning Officer shall issue
a Permit therefore as soon as practical.
5.
Suspension of Permit. The Permit shall expire six months from the
date of issuance. Any permit issued shall become invalid if the authorized
work is not commenced within three months after issuance of the permit
or if the authorized work is suspended or abandoned for a period of
three months after the time of commencing the work.
6.
Revocation of Permit. The Zoning Officer may revoke a permit or approval
issued under the provisions of this chapter in case of any false statement
or misrepresentation of fact in the application or on the plans on
which the permit or approval was based, or if it is found that the
work performed or the use to which the property is put is not in conformance
with the application, approved plans, or provisions of all pertinent
laws.
7.
Posting of Permit. A true copy of the permit shall be kept on the
site of operations and open to inspection by the Zoning Officer during
the entire time of prosecution of the work and until the completion
of same as defined in the application. A copy of all permits (other
than certificates of use and occupancy) shall also be posted by the
permittee so to be clearly visible from a public right-of-way.
[Ord. 12-8-97A, 12/8/1997, § 1604]
1.
Payment of Fees. No permit shall be issued until the fees required
therefor prescribed by the Borough Council pursuant to resolution
shall be paid to the Council. The payment of fees under this section
shall not relieve the applicant or holder of said permit from payment
of other fees that may be required by this chapter or by any other
ordinances or laws.
2.
Compliance with Ordinance. The permit shall be a license to proceed
with the work and should not be construed as authority to violate,
cancel, or set aside any of the provisions of this chapter.
3.
Compliance with Permit and Plot Plan. All work or use shall conform
to the approved application and plans for which the permit has, been
issued as well as the approved plot plan and application materials.
[Ord. 12-8-97A, 12/8/1997, § 1605; as amended by
Ord. 00076, 4/14/2014, § 21]
1.
When Required. It shall be unlawful to use or occupy any structure,
building, land, or portion thereof until a certificate or use and
occupancy has been issued by the Borough Zoning Officer. Such certificate
shall not be issued unless the Zoning Officer has inspected said structure,
building, or land and has determined that all provisions of this chapter
and other pertinent ordinances and laws have been satisfied.
2.
Form of Application. The application for a certificate of use and
occupancy shall be in such form as the Borough Zoning Officer may
prescribe and shall be made at the same time as the application for
a permit is filed with the Zoning Officer.
3.
Description of Use and Occupancy. The application shall contain a
description of the intended use and occupancy of any structure, building,
sign, or land or portion thereof for which a permit is required herein.
4.
Action Upon Application. The Zoning Officer shall inspect or cause
to be inspected any structure, building, sign, and/or land within
15 days after notification that the proposed work that was listed
under the permit has been completed. If the Zoning Officer is satisfied
that the work is in conformity and in compliance with the work listed
in the issued permit and all other pertinent laws, the Zoning Officer
shall issue a certificate of use and occupancy for the intended use
listed in the approved application. If the Zoning Officer finds that
the work has not been performed in accordance with the approved application,
the Zoning Officer shall refuse to issue the certificate of use and
occupancy and shall, in writing, give the reasons therefore.
5.
Availability of Certificate. The certificate of use and occupancy
for conforming and nonconforming uses, or a true copy thereof, shall
be kept available by the property owner at the property for inspection
by the Zoning Officer at all times.
6.
Temporary Certificate of Use and Occupancy. Upon request of a holder
of a permit, the Zoning Officer may issue a temporary certificate
of use and occupancy for a structure, building, sign, or land or portion
thereof before the entire work covered by the permit shall have been
completed, provided that such portion or portions maybe used or occupied
safely prior to full completion of the work without endangering life
or public welfare. The Zoning Officer may also issue a temporary certificate
of use and occupancy for such temporary uses as tents, trailers, and
buildings on construction sites; use of land for religious or other
public or semi-public purposes; and similar temporary use or occupancy.
Such temporary certificates shall be for a period of time to be determined
by the Zoning Officer; however, in no case shall it be for a period
exceeding six months.
7.
Compliance with SALDO [Chapter 22] and SWMO [Chapter 17]. No final certificates of use and occupancy shall be granted until all structures required to be erected by the SWMO [Chapter 17] and the SALDO [Chapter 22] have been erected and inspected by the Borough and shown to be in compliance with the SWMO [Chapter 17], SALDO [Chapter 22] and this chapter.
[Ord. 12-8-97A, 12/8/1997, § 1606; as amended by
Ord. 00037, 10/8/2007]
1.
General. It shall be the duty of the Zoning Officer to enforce this
chapter.
2.
Violation. The construction, alteration, or use of any structure,
building, sign, or land or the change of use, area of use, percentage
of use, displacement of the use of any structure, building sign, or
land without first obtaining a permit; the use of any building, structure,
sign, or land without receipt of a certificate of use and occupancy;
the failure to obey and/or comply with any order, decree, or decision
of either the Zoning Hearing Board, Zoning Officer, or Borough Council,
or the failure to comply with any provisions of this chapter are hereby
declared to be violations of this chapter.
3.
Enforcement Notice. If it appears that a violation of this chapter
or any prior ordinance still in effect has occurred, the Zoning Officer
shall send a written enforcement notice pursuant to and in compliance
with the provisions of the Pennsylvania Municipalities Planning Code,
53 P.S. § 10101 et seq.
4.
Enforcement Remedies.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter or any
prior ordinance still in effect shall, upon being found liable therefore
in a civil enforcement proceeding commenced by the Borough of Akron
or its duly designated representatives, pay a judgment of up to $500
plus all court costs, including reasonable attorney's fees incurred
by the Borough of Akron, as a result of seeking such enforcement.
B.
Civil enforcement proceedings shall be commenced before any magisterial
district judge and shall proceed in conformance with the provisions
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq.
C.
Each day that a violation continues shall constitute a separate violation,
unless the District Justice 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 such event, there shall be deemed
to have been only one such violation until the second day following
the date of the determination of a violation by the District Justice.
Thereafter, each day that a violation continues shall constitute a
separate violation.
D.
If the Defendant neither pays nor timely appeals the judgment, the
Borough of Akron may enforce the judgment pursuant to the applicable
Rules of Civil Procedure. All judgments, costs and reasonable attorney's
fees collected for the violation of this chapter shall be paid over
to the Borough of Akron.
