[Ord. No. 1015, 10/12/2020]
1. The "Borough of Bridgeville Minimum Construction Standards and Details"
as prepared by the Borough Engineer, attached hereto as Exhibit A hereof and incorporated herein by reference as if fully
set forth at length herein, which establishes minimum standards for
the repair, improvement or construction of public infrastructure within
the Borough of Bridgeville, be and are hereby adopted as the minimum
construction standards and details of the Borough of Bridgeville,
which standards and details shall be adhered to for all public infrastructure
whether commissioned by a public entity or by a private entity in
anticipation of dedication of same to the Borough, or as otherwise
required under applicable ordinances, with copies thereof to be maintained
on file in the Office of the Borough Manager and made available to
the public upon request.
2. All zoning and land development plans and approvals, and any other
approvals, permits, or contracts, which include or contemplate construction
or installation of any proposed public infrastructure within the Borough,
including but not limited to roadways, sanitary sewers, and storm
sewers, shall conform to the minimum construction standards and details
adopted hereunder.
[Ord. No. 1015, 10/12/2020]
Future additions, revisions or amendments to the minimum construction
standards and details adopted hereunder, as set forth in Exhibit A hereof, may be adopted by resolution of Borough Council
from time to time upon the recommendation of the Borough Engineer.
[Ord. No. 1015, 10/12/2020]
1. In addition to those other powers and remedies at law or in equity
reserved to the Borough hereby and otherwise provided under law, the
duly appointed Zoning Officer shall serve as the Code Enforcement
Officer empowered hereby to enforce all of the provisions of this
Part. The duties of the Code Enforcement Officer hereunder shall include
the following:
A. Administer and enforce the provisions of this Part;
B. Institute civil enforcement proceedings as a means of enforcement
when acting within the scope of his/her employment;
C. Issue building permits, certificates of occupancy, sign permits and
other applicable permits solely in compliance with the provisions
hereof;
D. Inspect all structures for which a building permit, occupancy permit,
sign permit, or any other applicable permit has been applied for or
issued to determine compliance with this Part and make all the inspections
necessary to enforce the provisions of this Part.
[Ord. No. 1015, 10/12/2020]
It shall be unlawful for any person, firm or corporation to
erect, construct, alter, extend, repair, remove, demolish, maintain,
fail to maintain, provide, fail to provide, occupy, let another occupy
or permit another person to occupy any premise, structure, or equipment
regulated by this Part, or to cause same to be done contrary to or
in conflict with or in violation of any of the provisions of this Part,
or to fail to obey a lawful order of the Code Enforcement Officer,
or to remove or deface a plaque order notice posted under the provisions
of this Part.
[Ord. No. 1015, 10/12/2020]
1. The enforcement notice issued hereunder shall contain the following
information:
A. The name of the owner of record and any other person against whom
the municipality 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 Part and/or the minimum construction standards and details
adopted hereby;
D. The date before which the steps for compliance must be commenced
and the date before which such steps must be completed;
E. That the recipient of the notice has the right to appeal to the Borough of Bridgeville Construction Code Board of Appeals within a prescribed period of time in accordance with the procedures set forth in this Part, which Board of Appeals shall have exclusive jurisdiction over any and all appeals from enforcement notices issued pursuant hereto and shall conduct said proceedings in conformance with the procedures as authorized and set forth in Chapter
5 of the Borough of Bridgeville Code of Ordinances (which provides for the establishment of a Board of Appeals for matters arising under the Borough's Property Maintenance Code, BOCA and under the Uniform Construction Code);
F. That failure to comply with an enforcement notice within the time
specified, unless extended by appeal to the Board of Appeals, constitutes
a violation, with possible sanctions and penalties as clearly described.
[Ord. No. 1015, 10/12/2020]
Any person affected by a decision of the Code Enforcement Officer
or by an enforcement notice or other order issued under this Code
shall have the right to appeal to the Borough of Bridgeville UCC Board
of Appeals, provided that a written application for appeal is filed
within 30 days after the enforcement notice or other notice of determination
is issued. An application for appeal shall be filed with the Borough
Manager, who shall forthwith transmit same to the Chairman of the
Board of Appeals. The application for appeal shall specify the specific
grounds therefore and shall be based on a claim that the true language
or intent of this Code has been incorrectly interpreted, that the
cited provision of this Code does not fully apply, or that the requirements
of this Code are adequately satisfied by other means.
[Ord. No. 1015, 10/12/2020]
1. Enforcement Remedies. Any person, partnership or corporation who
or which has violated or permitted the violation of the provisions
of this Part shall, upon being found liable therefore in a civil enforcement
proceeding commenced by the Borough, pay a judgment of not more than
$1,000 plus all court costs, including reasonable attorney's
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 District Justice. 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 District Justice, determining that there was a good faith basis
for the person, partnership or corporation violating this Part 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 the violation by the
District Justice and thereafter each day that a violation continues
shall constitute a separate violation. All judgments, costs, and reasonable
attorney's fees collected for the violation of this Part shall
be paid over to the Borough.
2. Other Remedies. In case any building, structure, landscaping or land
is, or is proposed to be, erected, constructed, reconstructed, altered,
converted, maintained or used in violation of this Part, the Borough
Councilmembers, or with the approval of the Borough Councilmembers,
an Officer of the Borough, in addition to other remedies, may institute
an action in the Court of Common Pleas of Allegheny County, Pennsylvania,
or take such other lawful actions as provided under law, to correct,
prevent, or abate any violation of this Part.
[Ord. No. 1015, 10/12/2020]
1. No person or corporation shall be permitted to commence construction
of any new or renovated structure without first securing a building
permit from the Borough Code Enforcement Officer, which building permit
shall be issued only in conformance herewith and in conformance with
all other applicable laws, ordinances, building codes (including but
not limited to the Uniform Construction Code of Pennsylvania, as amended
from time to time), and other rules and regulations governing same.
2. No person or corporation shall be permitted to occupy any new or
renovated vacated structure without securing an occupancy permit from
the Borough Code Enforcement Officer, which occupancy permit shall
be issued only in conformance herewith.
[Ord. No. 1015, 10/12/2020]
All other ordinances or parts of any ordinances in conflict
herewith are hereby repealed to the extent of any inconsistency herewith.
[Ord. No. 1015, 10/12/2020]
In the event that any section or sections of this Part, or parts
of the same, shall be declared to be invalid by any Court of competent
authority, the remaining provisions of this Part shall continue in
full force and effect notwithstanding.
[Ord. No. 1015, 10/12/2020]
Nothing in this Part or in the Minimum Construction Standards
and Details adopted hereby or hereunder shall be construed to affect
any suit or proceeding pending in any court, or any rights acquired,
or liability incurred, or any cause or causes of action acquired or
existing, under any act or ordinance hereby repealed or superseded
by enactment of this Part; nor shall any just or legal right or remedy
of any character be lost, impaired or affected by the ordinance.
[Ord. No. 1015, 10/12/2020]
The Manager of the Borough of Bridgeville shall certify the
adoption of this Part, and shall cause the same to be published as
required by law; and this Part shall take effect and be enforced from
and after its enactment as provided under law.