[HISTORY: Adopted by the Borough Council of the Borough of Avondale 6-15-2004 by Ord. No. 206. Amendments noted where applicable.]
A. 
Except as modified by § 190-1B hereof, the Uniform Construction Code as set forth in 34 Pa. Code, Chapters 401 through 405, inclusive, is hereby incorporated by reference and adopted as the official Municipal Building Code of Avondale Borough, Chester County, Pennsylvania.
B. 
The Uniform Construction Code adopted by this chapter shall be amended automatically by all amendments, supplements, additions and later editions which may from time to time be promulgated as amendments, supplements, additions or later editions to or of the Uniform Construction Code.
Avondale Borough hereby elects to and so shall administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, as amended to date and from time to time (35 P.S. §§ 7210.101 through and including 7210.1103, as amended to date and from time to time), and all regulations permitted to be issued under the Pennsylvania Construction Code Act.
The administration and enforcement of the Uniform Construction Code in Avondale Borough shall be accomplished by one or more of the following means, which shall be authorized by a resolution of the Avondale Borough Council:
A. 
The designation of an employee of Avondale Borough to act as the Avondale Borough Municipal Code Official;
B. 
The retention of one or more Construction Code Officials or third-party agencies to act on behalf of Avondale Borough as Municipal Code Officials within the municipal limits of Avondale Borough;
C. 
A duly approved intermunicipal cooperative agreement with one or more municipalities for the purpose of jointly administering and enforcing the Pennsylvania Construction Code Act and the regulations issued thereunder;
D. 
A written contract with another municipality authorizing that municipality to administer and enforce the Pennsylvania Construction Code Act and the regulations issued thereunder on behalf of Avondale Borough within the municipal limits of Avondale Borough;
E. 
A written agreement with the Commonwealth of Pennsylvania Department of Labor and Industry for enforcement, plan reviews, and inspections of structures other than one or two-family dwelling units, utility structures, or miscellaneous use structures.
A. 
The Avondale Borough Council, by resolution, shall establish the Board of Appeals required by the Pennsylvania Construction Code Act.
B. 
If the administration and enforcement of the Pennsylvania Construction Code Act is undertaken by Avondale Borough jointly with one or more municipalities, the Board of Appeals shall be established by a joint resolution of all participating municipalities.
A. 
All building code ordinances or portions thereof adopted by Avondale Borough before 11:59 p.m. prevailing time Thursday, July 1, 1999, shall continue in full force and effect, provided:
(1) 
The provisions of those building code ordinances equal or exceed the minimum requirements in the Uniform Construction Code; or
(2) 
Until the time any provisions of those ordinances fail to equal or exceed the minimum requirements of the Uniform Construction Code, as amended from time to time.
B. 
All existing building code ordinances (or portions thereof) of Avondale Borough which are in effect when this Chapter 190 is adopted and whose requirements are less stringent than the minimum requirements of the Uniform Construction Code are hereby automatically amended to conform with comparable provisions of the Uniform Construction Code.
C. 
All other ordinances of Avondale Borough which are not governed by the Uniform Construction Code shall remain in full force and effect.
If any provision of the Uniform Construction Code permits the assessment, collection and receipt by Avondale Borough of any fee, that fee shall be established and assessed pursuant to a Fee Schedule adopted by the Avondale Borough Council by resolution, which may be amended from time to time by subsequent resolutions.
A. 
A person who violates any provision of this chapter, upon conviction in a summary proceeding before a Magisterial District Judge, shall be sentenced to pay a fine of not more than $1,000 per violation, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each section of this chapter that is violated shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
In addition to the enforcement of this chapter by a summary proceeding as provided for in § 190-7A, above, Avondale Borough, at its election, may institute appropriate actions at law or in equity to restrain, correct or abate any violation of the Uniform Construction Code adopted by this chapter. If Avondale Borough elects to enforce the provisions of this chapter by an action at law or in equity, any person who has violated or permitted the violations of the provisions of this chapter, upon being found liable therefor in a civil action commenced by Avondale Borough, shall pay a judgment of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Chester County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Each day any violation exists and continues shall constitute a separate offense.
D. 
If any summary proceeding or civil action authorized by this § 190-7 brought against any person pursuant to this chapter becomes final; and no appeal to the Court of Common Pleas or other appellate court is then pending; and the violation still exists, then Avondale Borough, through any duly authorized agent, shall be and is hereby empowered to correct any violation by repair or otherwise.
E. 
All costs, expenses, and attorney's fees incurred or expended by Avondale Borough for any repair, etc., of the violation as is permitted in Subsection D, above, together with an administrative charge of 10% may be charged as a municipal claim or lien against the real property on which the violation exists.