[Ord. 18-2007, § 3, eff. 11-19-2007]
This Code shall be enforced by the Chief of the Bureau of Building Inspection or Code Official or such other officer of the City as may from time to time be designated by the City Council or its designee.
[Ord. 18-2007, § 3, eff. 11-19-2007; Ord. No. 34-2021, § 1, eff. 10-11-2021]
No person in the employ of the City or acting on behalf of the City shall
(a)
Issue any building permit, grant any Certificate of Occupancy or otherwise allow a building or use that would violate the provisions of this Code. Any permit issued upon a false statement of fact that is material to the issuance of such permit shall be void.
[Ord. 18-2007, § 3, eff. 11-19-2007; Ord. No. 34-2021, § 1, eff. 10-11-2021]
Any of the following shall be a violation of this Code and shall be subject to the enforcement remedies and penalties provided by this Code and by state law:
A.
Development or Use Without Permits.
(a)
To engage in any development, use, construction, remodeling or other activity of any nature that is subject to the provisions of this Code without all of the required permits, approvals, certificates and other forms of authorization required by this Code in order to conduct or engage in such activity;
(b)
To engage in any Regulated Activity, as defined in this Code or in Chapter 1003 of Title 10: Building or in Title 13: Stormwater Management, as applicable, without all of the required permits, approvals, certificates and other forms of authorization required by such Codes in order to conduct or engage in such activity;
B.
Development or Use Inconsistent with Permit. To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, approved Stormwater Management Site Plan, certificate or other form of authorization required in order to engage in such activity;
C.
Development or Use or Regulated Activity Inconsistent with Conditions. To violate, by act or omission, any term, condition, or qualification placed upon a required permit, approved Stormwater Management Site Plan, certificate, or other form of authorization;
D.
Development or Use or Regulated Activity Inconsistent with Code. To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure or sign, or to use any land, or perform any Regulated Activity, in violation or contravention of any regulation of this Code or of Chapter 1003 of Title 10: Building or of Title 13: Stormwater Management;
E.
Making Lot or Setback Noncomplying. To reduce or diminish any lot area so that the setbacks or open spaces shall be smaller than prescribed by this Code;
F.
Increasing Intensity of Use. To increase the intensity of use of land or structure, except in accordance with the procedural and substantive requirements of this Code;
G.
Continuing Violation. To continue any of the above violations; and
H.
Removing, Defacing, Obscuring Notice. To remove, deface, obscure or otherwise interfere with any notice required by this Code.
[Ord. 18-2007, § 3, eff. 11-19-2007; Ord. No. 34-2021, § 1, eff. 10-11-2021]
The City shall have the following remedies and enforcement powers:
A.
Withhold Permits and Approvals.
The City may deny or withhold all permits, certificates, approvals or other forms of authorization, or for any SWM Site Plan or SWM BMPs, on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this Code or of Chapter 1003 of Title 10: Building or of Title 13: Stormwater Management, or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City, Planning Commission, or Code Official, or the applicable Zoning Board of Adjustment.
The City may, instead of withholding or denying an authorization, grant such authorization subject to the condition that the violation be corrected.
The provisions of this section shall apply regardless of whether the current owner or applicant is responsible for the violation in question.
The City may deny or withhold all permits, approvals, certificates or other forms of authorization or for any SWM Site Plan or SWM BMPs on any land or structure or improvements or Development owned by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this Code or of Chapter 1003 of Title 10: Building or of Title 13: Stormwater Management or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City. This provision shall apply regardless of whether the property for which the permit or other approval is sought is the property in violation.
B.
Revoke Permits and Approvals.
1.
Permits for Construction. Any permit may be revoked when the Chief of the Bureau of Building Inspection determines that any of the following conditions exist:
(a)
That there is departure from the plans, specifications, or conditions that apply to the permit;
(b)
That the same was procured by false representation or was issued by mistake; or
(c)
That any of the provisions of this chapter are being violated. Written notice of such revocation shall be served upon the owner, his or her agent, or contractor, or upon any person employed on the building or structure for which such permit was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed.
2.
Permits for Occupancy. Any permit allowing legal occupancy of a structure or a lot, including the Certificate of Occupancy, may be revoked when the Chief of Building Inspection determines that any of the following conditions exist:
(a)
That there has been a violation of the approved plan, specifications or conditions that apply to the permit, including violations resulting from changes to the structure or lot from the approved plan;
(b)
There has been a violation of the approved plan or conditions that apply to the approved plan or permit which result from non-compliance with operational aspects of the structure or lot, which include but are not limited to hours of operation, violation of the noise, vibration or other environmental standards of this Code, or other management practices of the building or lot which are in clear violation of the approved plans.
3.
Approval of SWM Site Plan and SWM BMPs. Any approval may be revoked when the Code Official determines that any of the following conditions exist:
(a)
Non-compliance or failure to implement any provision of the approved SWM Site Plan or Operation and Maintenance Agreement; or
(b)
That the same was procured by false representation or was issued by mistake; or
(c)
A violation of any provision of Title 13: Stormwater Management or any other applicable law, ordinance, rule, or regulation relating to the regulated activity; or
(d)
The creation of any condition or the commission of any act during the regulated activity which constitutes or creates a hazard, nuisance, pollution, or endangers the life or property of others; or
(e)
That any of the provisions of this chapter are being violated. Written notice of such revocation shall be served upon the owner, Developer, his or her agent, or contractor, or upon any person employed on the development or structure for which such approval was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed.
C.
Stop Work. With or without revoking permits, the City may stop work on any Development, Regulated Activity, building or structure on any land on which there is an uncorrected violation of a provision of this Code or of Chapter 1003 or of Title 13: Stormwater Management or of a permit or approval or other form of authorization issued hereunder, in accordance with its power to stop work under the Building Title.
D.
Revoke Plan, SWM Site Plan Approval or Other Approvals. Where the violation involves a failure to comply with approved plans or conditions to which the approval of was made subject, the body with authority to approve the plans or applications may, upon notice to the applicant and after a hearing, revoke the plan or other approval, or condition the continuance of approval on such conditions as the City Council may reasonably impose.
E.
Injunctive Relief. The City may seek an injunction or other equitable relief in court to stop any violation of this Code or of the Stormwater Management provisions of Title 10: Building or of Title 13: Stormwater Management.
F.
Abatement. The City may seek a court order in the nature of mandamus, abatement or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
G.
Penalties. Any person, firm, association, or corporation violating any provision of this Zoning Ordinance, or of the Stormwater Management provisions of Chapter 1003 of Title 10: Building or of Title 13: Stormwater Management, shall upon conviction be fined not more than one thousand dollars ($1,000.00) for each offense and costs, and in default of payment of such fine and costs, shall be imprisoned in the county jail or workhouse for not more than thirty (30) days. Each day a violation is continued shall constitute a separate offense. In the case of firms or associations, the penalty may be imposed upon the partners or members thereof, and in the case of corporations, upon the officers thereof.
H.
Other Remedies. The City shall have such other remedies as are and as may be from time to time provided by Pennsylvania law for the violation of stormwater management plans or ordinances or zoning or related provisions of its Code.
I.
Remedies Cumulative. These remedies shall be cumulative.
[Ord. 18-2007, § 3, eff. 11-19-2007]
In enforcing this Code, the City shall follow the procedures set forth in this section.
A.
Notice. In the case of violations not involving continuing construction or development, or any emergency situation, the Chief of the Bureau of Building Inspection or the appropriate Code Official shall give written notice of the nature of the violation to the owner of the land and to any person who is a party to the agreement or an applicant for any relevant permit, certificate or approval, after which the person receiving such notice shall have thirty (30) days to correct the violation before further enforcement action.
B.
Immediate Enforcement. In the case of a violation involving either continuing construction or development or an emergency situation (as reasonably determined by the Chief of the Bureau of Building Inspection or the appropriate Code Official), the City may use the enforcement powers and remedies available to it under this chapter without prior notice. Simultaneously with beginning enforcement action, the Chief of the Bureau of Building Inspection or the appropriate Code Official shall send notice to the owner of the land and to any person who is a party to the agreement or an applicant for any relevant permit, certificate or approval.
[Ord. 18-2007, § 3, eff. 11-19-2007]
A.
Other Powers. In addition to the enforcement powers specified in this chapter, the City may exercise any and all enforcement powers granted to them by Pennsylvania law, as it may be amended from time to time.
B.
Continuation. Nothing in this Code shall prohibit the continuation of previous enforcement actions, undertaken by the City pursuant to previous and valid resolutions, ordinances and laws.