[HISTORY: Adopted by the Borough Council of the Borough of
Wyalusing 12-19-2005 as Ch. 42
of the 2005 Code. Amendments noted where applicable.]
[Added 8-7-2017]
This municipality hereby elects to administer and enforce the
provisions of the Pennsylvania Construction Code Act, Act 45 of 1999,[1] as amended from time to time, and its regulations.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401 through 405, as amended from time to time, is hereby adopted and
incorporated herein by reference as the municipal building code of
this municipality.
Administration and enforcement of the code within this municipality
shall be undertaken in any of the following ways as determined by
the governing body of this municipality from time to time by resolution:
A.
By the designation of an employee of the municipality to serve as
the municipal code official to act on behalf of the municipality;
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of the municipality;
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of this Act through an intermunicipal
agreement;
D.
By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of this municipality;
E.
By entering into an agreement with the Pennsylvania Department of
Labor and Industry for plan review, inspections and enforcement of
structures other than one-family or two-family dwelling units and
utility and miscellaneous use structures.
[Amended 8-7-2017]
The Board of Appeals shall consist of the Bradford County Council
of Government Appeals Board. All appeals from the Property Maintenance
Code shall be filed with COG Appeals Board and pay the fees as required
by the COG Appeals Board. The fees will be established by resolution
by Bradford County Council of Government.
A.
All building code ordinances or portions of ordinances which were
adopted by this municipality on or before July 1, 1999, and which
equal or exceed the requirements of the code shall continue in full
force and effect until such time as such provisions fail to equal
or exceed the minimum requirements of the code, as amended from time
to time.
B.
All building code ordinances or portions of ordinances which are
in effect as of the effective date of this chapter and whose requirements
are less than the minimum requirements of the code are hereby amended
to conform with the comparable provisions of the code.
C.
All relevant ordinances, regulations and policies of this municipality
not governed by the code shall remain in full force and effect.
Fees assessable by the municipality for the administration and
enforcement undertaken pursuant to this chapter and the code shall
be established by the governing body by resolution from time to time.
This chapter shall be effective on July 1, 2004, said ordinance
having been previously adopted.
[Added 8-7-2017]
A.
Civil enforcement. Any person, firm or corporation who shall violate
any provision of this chapter shall, upon being found in violation
thereof, be subject to a civil penalty not to exceed $600 per violation
for each day of violation and for violation of each applicable section
of the chapter. If the penalty is not paid, the Borough shall initiate
a civil action for collection in accordance with the Pennsylvania
Rules of Civil Procedure.
B.
In addition, if found in violation, the violator shall be subject
to the assessment for court costs and reasonable attorney fees incurred
by the Borough in enforcement proceedings.
C.
The Council delegates the initial determination of the chapter violation
and service of notice of violation to the Code Enforcement Officer.
The Borough may enforce the chapter in equity in the Bradford County
Court of Commons.
[Added 8-7-2017]
In the event that any individual section or provision within
this chapter shall be found invalid, the invalidity shall pertain
only to the specific section, and all other aspects of this article
shall remain in full force and effect.
