[Adopted 4-14-1988 by Ord. No. 88-4]
[Amended 7-9-1992 by Ord. No. 92-9; 8-13-1998 by Ord. No.
98-4; 6-10-2004 by Ord. No. 04-02]
The term "applicable codes and ordinances" and
the enforcement thereof as referred to in this, as well as other sections
of this article, shall apply to those codes and/or ordinances which
are listed as follows:
A.
Uniform Construction Code, contained in 34 Pa. Code,
Chapters 401 to 405, as amended from time to time.
B.
The International Building Code published and revised
by the International Code Council.
C.
The International Code Council Electrical Code published
and revised by the International Code Council.
D.
The International Mechanical Code published and revised
by the International Code Council.
E.
The International Fuel Gas Code published and revised
by the International Code Council.
F.
The International Plumbing Code published and revised
by the International Code Council.
G.
The International Residential Code published and revised
by the International Code Council.
H.
The International Fire Code published and revised
by the International Code Council.
I.
The International Existing Building Code published
and revised by the International Code Council.
J.
The International Energy Conservation Code published
and revised by the International Code Council.
K.
BOCA National Property Maintenance Code/1993 Edition,
as published by the Building Officials and Code Administrators International,
Inc. and such future editions of same, which are republished every
third year.
A.
Creation of Office of Code Enforcement. There is hereby created by the Board of Supervisors of the Township of Upper Frederick an office to be known as the "Office of Code Enforcement." Said office shall have the responsibility for administering and enforcing the provisions of this article and of those other codes and/or ordinances of the Township referred to as "applicable codes and ordinances" in § 112-1 of this article, which designates said Office of Code Enforcement as their official administration and enforcement agency.
B.
Appointment of Code Enforcement Officer. There shall
be appointed, by the Board of Supervisors of the Township, a Code
Enforcement Officer who shall be in charge of the Office of Code Enforcement
of the Township. The Code Enforcement Officer shall supervise such
other employees or assistants as shall be necessary for the administration
and execution of the responsibilities of said office, as appointed
and approved by the Board of Supervisors. Said Code Enforcement Officer
and other personnel may consist of employees directly hired and compensated
by the Township.
C.
Relief from personal liability. The Code Enforcement
Officer, or other official or employees, shall not, while acting for
the Township, render himself liable personally because of any act
or omission as required or permitted in the discharge of his official
duties. Any suit instituted against such Code Enforcement Officer,
official or employee because of his duties shall be defended by the
Solicitor of the Township, and in no case will said Officer, official
or employee be liable for costs in any action, suit or proceeding.
D.
Official record. An official record shall be kept
of all business and activities of the Office of Code Enforcement,
and all such records shall be open to the public for inspection at
all appropriate times, except that no individual, owner, operator,
occupant or other person shall be subject to unwarranted invasion
of privacy, and except that all evidence or information obtained in
the course of any inspection shall be kept confidential. Such evidence
or information shall not be disclosed, except as may be necessary
in the judgment of the Code Enforcement Officer for the proper and
effective administration and enforcement of the provisions of this
article, and shall not otherwise be made public without the consent
of the owner, occupant, operator or other person in charge of the
unit, structure or premises inspected.
[Amended 10-14-1993 by Ord. No. 93-4]
A.
Enforcement by Code Enforcement Officer. The Code
Enforcement Officer shall enforce and administer all of the provisions
of this article, and of those other applicable codes and ordinances
which establish the office of Code Enforcement as their official administration
agency.
B.
Duties of Code Enforcement Officer. The duties of
the Code Enforcement Officer shall include the receipt of applications,
the issuance of permits, notices, certificates and orders, the making
of inspections to determine conformance with applicable codes and
ordinances, the undertaking of systematic inspection programs, the
undertaking of searches and investigations, the recommendation of
appropriate administrative rules for review and adoption by the Board
of Appeals, the keeping of records, the issuance of written annual
reports, and such other activities as may be required.
C.
Right of entry.
(1)
In the discharge of his duties and upon reasonable
cause of a code violation, the Code Enforcement Officer, or his authorized
representative, upon showing proper identification where requested,
is hereby authorized to enter and inspect, between the hours of 9:00
a.m. and 4:00 p.m., any structure or premises in the Township to enforce
the provisions of this article, and of those other applicable codes
and ordinances. The assistance and cooperation of all other Township
officials, including police and fire departments, shall be available
to the Code Enforcement Officer to assist in the performance of his
duties and in securing right of entry.
(2)
The Code Enforcement Officer and the owner, operator
or occupant or other person in charge of any structure or premises
subject to the provisions of this article may agree to an inspection
by appointment at a mutually convenient time.
(3)
The owner, operator or occupant or other person in
charge of any structure or premises shall give the Code Enforcement
Officer entry and free access thereto, and to every part of the structure
or to the premises surrounding the structure.
(4)
If any owner, operator or occupant or other person
in charge fails or refuses to permit entry and free access to the
structure or premises under his control, or to any part thereof with
respect to any authorized inspection, the Code Enforcement Officer
may, upon a showing that probable cause exists for the inspection,
file a complaint and may petition for and obtain an order directing
compliance with the inspection requirements of this article from a
court of competent jurisdiction. Any person who refuses to comply
with such an order issued pursuant to this section shall be subject
to such penalties as may be authorized by law for violation of a court
order.
[Amended 6-10-2004 by Ord. No. 04-02]
A.
Permit required. An application for a permit shall
be required in accordance with the provisions of those applicable
codes and ordinances which the Office of Code Enforcement has the
responsibility to administer. Said application shall be submitted
in such form as may be prescribed by the Code Enforcement Officer,
and shall be accompanied by any required fee.
B.
Action on application. The Code Enforcement Officer
shall examine said application to determine compliance with those
other applicable codes and ordinances of the Township, and shall,
within 90 days after filing, either approve or reject said application.
If said application is rejected, the Code Enforcement Officer shall
inform the applicant, in writing, stating the reasons for such rejection.
C.
Time limit on application.
(1)
An application for a permit for any proposed work
shall be deemed to have been abandoned six months after date of filing,
unless such application has been diligently prosecuted or a permit
shall have been issued, except that for reasonable cause, the Building
Official may grant one or more extensions of time for additional periods
not exceeding 90 days each.
(2)
All permits granted under any of the above applicable
codes and ordinances shall be good for a period of one year; provided,
that extensions may be granted by the Code Enforcement Officer for
good reason, except that any permit granted for demolition activities
shall be valid for three months only months only, and if such demolition
is not completed within that time, any bond posted by the applicant
shall be forfeited.
D.
Certificates. The following certificates shall be
required in accordance with the provision of those other applicable
codes and ordinances which the Code Enforcement Officer has the responsibility
to administer. Said certificates may be issued separately or combined
in the form of a single certificate.
[Amended 7-9-1992 by Ord. No. 92-9; 10-14-1993 by Ord. No.
93-4; 8-13-1998 by Ord. No. 98-4]
A.
Procedure in case of violations. Whenever the Code
Enforcement Officer determines that there are reasonable grounds to
believe that there has been a violation of any provision of this article,
or of the other applicable codes and ordinances, or of any rules or
regulations adopted pursuant thereto, he shall proceed as follows:
(1)
Serve notice, in writing, of the alleged violation
which shall be signed by the Code Enforcement Officer, or his authorized
representative. Said notice shall be served personally to the responsible
owner, occupant, operator or other person in charge; or served by
registered mail with a return receipt requested; or where such responsible
person in charge cannot be found, service may be made by posting a
notice in or about the structure or premises, or by publishing such
notice in a newspaper of general circulation for a period of three
consecutive days; or served by any other method authorized under the
laws of the Commonwealth of Pennsylvania.
(2)
Said notice shall include a statement of the reasons
why the notice is being issued, the sections of the codes and/or ordinances
which have been violated, and the remedial actions required.
(3)
Said notice shall allow a reasonable time not to exceed
60 days for the initiation and correction of the violation alleged,
or of the remedial actions required, except where conditions exist
which require immediate corrective action.
(4)
Said notice shall contain a statement indicating that
the notice will become an order if no request and approval for an
extension of time is made to the Code Enforcement Officer, or if no
petition for an appeal or hearing is requested before the Board of
Appeals within 15 days from the receipt of said notice.
(5)
The Code Enforcement Officer may grant a request for
a reasonable extension of time where he has evidence to believe that
the responsible person is attempting to remove the alleged violation.
However, no such extension of time may exceed a period of 90 days,
unless authorized by the Board of Appeals upon appeal of the responsible
owner, operator, occupant or other person in charge.
B.
Penalties.
(1)
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a District Justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $50 more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this article continues or each section of this article which shall
be found to have been violated shall constitute a separate offense.
(2)
The imposition of the penalties herein prescribed
shall not preclude the Solicitor representing the Township from initiating,
and he is hereby ordered to initiate appropriate actions or proceedings
in law, or in equity, to effect the purposes of this article.
C.
Dangerous and unsafe conditions and structures and
dwellings unfit for human habitation. Structures which contain dwellings
which are unfit for human habitation, or structures which are dangerous
or unsafe and structures which contain dangerous conditions or materials,
as defined by the applicable codes and ordinances of the Township,
are hereby declared to be a public nuisance.
(1)
General procedure. The Code Enforcement Officer shall
order the responsible owner, operator, occupant or person in charge
of the structure or premises which are dangerous, unsafe or unfit
for human habitation to vacate, repair and/or demolish said structure,
and to remove the public nuisance as provided for in this article
and in the applicable codes and ordinances of the Township, in accordance
with the laws of the Commonwealth of Pennsylvania.
(2)
Failure to comply. Whenever an order to vacate, repair
and/or demolish a structure which is a public nuisance because it
is unsafe, dangerous or unfit for human habitation has not been complied
with, the Code Enforcement Officer may, in accordance with the laws
of the Commonwealth of Pennsylvania, proceed to cause the structure
to be vacated, repaired and/or demolished, or take such other action
as is necessary to abate the nuisance. Abatement under this section
shall not commence until at least 10 days after the service of the
order, except that the Code Enforcement Officer may determine that
more immediate action is required because of the special emergency
or dangerous conditions which exist.
(3)
Recovery of expenses.
(a)
The expenses incurred pursuant to Subsection C(2) of this section, and of the other applicable codes and ordinances, shall be paid by the responsible owner, operator or occupant, or by the persons who caused or maintained such a public nuisance.
(b)
The Code Enforcement Officer shall file, on
his records, an affidavit stating with fairness and accuracy the items
and date of the expenses incurred. The Board of Supervisors of the
Township may institute a suit to recover such expenses to be charged
against the property as a lien.
[Amended 10-14-1993 by Ord. No. 93-4; 6-10-2004 by Ord. No.
04-02]
A.
Board of Appeals. Unless consolidated with appeals
of other applicable codes and ordinances of this chapter, for all
appeals of the Property Maintenance Code, there is hereby established
a Board of Appeals which shall consist of the Board of Supervisors
of the Township. All other appeals shall be heard in accordance with
Sections 403.121 and 403.122 of the Uniform Construction Code.
B.
Powers of the Board of Appeals. The Board of Appeals
shall have the following powers and duties:
(1)
Interpretation. On appeal from a determination of
the Code Enforcement Officer, or on request of any Township official,
the Board of Appeals shall decide any questions involving the interpretation
of any provision of this article, or of those other applicable codes
and ordinances.
(2)
Variances. The Board of Appeals may grant a variance
from the strict application of this article, or of those other applicable
codes and ordinances. Such variances may be granted only in those
cases which would result in practical difficulty or unnecessary hardship
and where the public health and safety shall not be jeopardized.
(3)
Decide appeals. The Board of Appeals shall hear all
appeals made to it and, depending on its findings, shall decide whether
such appeals shall be granted.
C.
Requests for appeals or variances. Any person requesting
a variance or aggrieved by a decision of the Code Enforcement Officer,
or by another employee or official charged with the administration
and enforcement of this article, and of those other applicable Codes
or Ordinances, may take an appeal to the Board of Appeals. All appeals
must be made in writing, stating the grounds upon which the appeal
is based, and shall be transmitted to the Office of Code Enforcement.
An appeal must be taken within 15 days of the action or of the receipt
of written notice of any decision or ruling which is being appealed.
D.
Appeals and variance procedure.
(1)
Public hearing. The Board of Appeals shall meet and
conduct a hearing within 45 days of the receipt of an appeal or a
request for a variance. All hearings shall be public, and all persons
whose interests may be affected shall be given an opportunity to be
heard. A record shall be kept of all evidence and testimony presented
at the hearing.
(2)
Decision of the Board. All decisions of the Board
shall be in writing, and a copy of each decision shall be sent to
the applicant and to the Code Enforcement Officer. The Board of Appeals
shall also retain, in its files, a copy of each decision, which files
shall be available for inspection by the public. Each decision shall
set forth fully the reasons for the decision of the Board of Appeals
and the findings of fact on which the decision was based. The Board
of Appeals shall make an order on its decision, and the Code Enforcement
Officer shall take immediate action to carry out said order.
This article shall be known and may be cited
as the "Code Enforcement Ordinance of the Township of Upper Frederick."
