There shall be a Code Enforcement Officer who shall be appointed
by Borough Council and be responsible for the administration and enforcement
of this chapter. The Code Enforcement Officer shall not hold any elected
office in the Borough.
A. Duties of Code Enforcement Officer. The duties of the Code Enforcement
Officer shall include but not be limited to the following:
(1)
Enforce all provisions of this chapter and all amendments thereto.
(2)
Receive, examine, record and file all applications and fees
for building permits and issue building permits only for any structure
or use which conforms to this chapter.
(3)
Issue permits for uses and construction by special exception
or variance, only after such uses or buildings are approved by the
Zoning Hearing Board, in accordance with the provisions of this chapter.
Permits requiring approval by Borough Council shall be issued only
after receipt of an authorization from Borough Council.
(4)
Receive all required fees.
(5)
Regularly inspect all areas of the Borough to determine if there
are any blatant violations of this chapter and to review the validity
of any reported zoning violations.
(6)
Issue all necessary stop orders, and order in writing correction
of all conditions found to be in violation of this chapter. It shall
be unlawful for any person to violate any such order lawfully issued
by the Code Enforcement Officer, and any person violating such order
shall be guilty of a violation of this chapter.
(7)
Maintain, or cause to be maintained, a map or maps showing the
current zoning classification of all land in the Borough.
(8)
To identify and register all nonconforming uses, lots, structures
and signs and keep filed a record of such nonconformities as a public
record.
(9)
Upon request of Borough Council, Planning Commission or Zoning
Hearing Board, present facts, records and any similar information
to such body on specific requests to assist these bodies in reaching
their decisions.
B. Appeal from decisions of Code Enforcement Officer. An appeal from
a decision or action of the Code Enforcement Officer shall be made
directly by a party in interest to the Zoning Hearing Board, and such
appeal shall be made within 30 days after notice of the decision is
made, or if no decision is made, 30 days after the date when a decision
is deemed to have been made, in accordance with the Pennsylvania Municipalities
Planning Code, as amended.
C. Violations.
(1)
Complaints regarding violations. Whenever a violation of this
chapter is alleged to have occurred, any person may file a written
and signed complaint. Such complaint, stating fully the causes and
basis thereof, shall be filed with the Code Enforcement Officer who
shall record such complaint promptly and immediately investigate and
take action thereon as provided in this chapter.
(2)
Notification of violation.
(a)
If it appears to the municipality that a violation of any zoning
ordinance enacted under this act or prior enabling laws has occurred,
the municipality shall initiate enforcement proceedings by sending
an enforcement notice as provided in this section.
(b)
An enforcement notice shall state at least the following:
[1]
The name of the owner of record and any other person against
whom the municipality 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 the chapter.
[4]
That such violation shall be discontinued and/or the date before
which the steps for compliance must be commenced and the date before
which steps must be completed.
[5]
That the recipient of the notice has the right to appeal the
Zoning Hearing Board within a prescribed period of time in accordance
with procedures set forth in the chapter.
[6]
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described, including
but not limited to the discontinuance of such unlawful use, structure,
building, sign and/or land involved in the violation.
(3)
Enforcement. No permit of any kind as provided for in this chapter
shall be granted by the Code Enforcement Officer for any purpose except
in compliance with the provisions of this chapter or a decision of
the Zoning Hearing Board or courts of competent jurisdiction.
(4)
Enforcement remedies.
(a)
In case any building, structure or land is, or is proposed to
be, erected, constructed, reconstructed, altered, converted, maintained
or used in violation of this chapter, the Borough Council, or with
the approval of the Borough Council, the Code Enforcement Officer,
in addition to other remedies, may institute in the name of the Borough
any appropriate action or proceeding to prevent, restrain, correct,
or abate such building, structure or land or to prevent in or about
such premises, any act, conduct, business or use constituting a violation.
(b)
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter or prior
enabling laws shall, upon being found liable therefore in a civil
enforcement proceeding commenced by a municipality, pay a judgment
of not more than $500 plus all court costs, including reasonable attorney
fees incurred by a municipality as a result thereof.
(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 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
district justice 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 the Zoning Chapter shall
be paid over to the municipality.