Borough of Media, PA Article III Code Administration, Enforcement and Interpretation

[Adopted 4-19-2007 by Ord. No. 1026]

§ 137-10 Officers and inspectors.

A. The term "Code Official" as stated throughout the ICC Codes shall be defined as the Building Officer, and said officer shall be the Code Enforcement Officer unless the Council, by motion, appoints another person to be said officer. It shall be said Building Officer's duty to enforce any provisions and regulations of the Uniform Construction Code.

B. Building Inspector. In addition to the Building Officer, the Council may, by motion, appoint a Building Inspector. His duty shall be to enforce the provisions of this Code, under and at the direction of the Building Officer.

C. Plumbing Inspector. In addition to the Building Officer, the Council may, by motion, appoint a Plumbing Inspector whose duty it shall be enforce the Plumbing Code adopted hereby.

D. Electrical Inspector. The Council may, by motion, appoint an Electrical Inspector whose duty it shall be to enforce the Electrical Code adopted hereby.

§ 137-11 General rules and interpretation.

A. The designation of the subsections herein provided of this chapter shall be the section designations of the aforementioned ICC Building Code and are substantially related.

B. Reference to the codes and appendixes in or of the ICC Building Code shall, for the purposes hereof, be considered as part of the ICC Building Code and collectively referred to as a part thereof, but only as made applicable thereby or by this chapter.

C. As between the provisions of this chapter and the ICC Building Code, the latter shall be the basic building code and be controlling except as to the portions changed or made inapplicable by this chapter. Wherein this chapter provides for procedures or regulations differing from those set forth in the ICC Building Code, they are rendered inapplicable. Wherein there may be no ambiguity or conflict between the provisions of this chapter and those of the ICC Building Code, the provisions of this chapter shall apply; and wherein provisions of this chapter and those of the ICC Building Code create no conflict or ambiguity, the provisions of both shall apply and they shall be read together to establish one procedure or regulation.

§ 137-12 Zoning laws and other statutes.

The Zoning Law here referred to shall be the Media Zoning Ordinance No. 823, also known as Chapter 311 of the Borough Code, in effect, and as amended or changed as of the date of any application for any permit hereunder and payment made therefor. Such parts of or sections of said chapter, which also regulate in the scope of this chapter, are repealed hereby, or if adopted hereafter are hereby made inapplicable. If any ambiguity or conflict arises between the terms of this chapter and such Zoning Ordinance, the terms, provisions and regulations of this chapter shall repeal and take precedence, unless said Zoning Ordinance specifically makes a conflicting section of it controlling over this chapter.

§ 137-13 Application for permits.

A. An application for any permit shall be filed with the Code Enforcement Director, who shall note receipt of it and process it in accordance with the requirements of the UCC and this article. No permit shall be valid unless signed by the Code Enforcement Director. A permit shall set further certain stages of construction when the Building Officer and Inspector shall inspect and approve the work done to that stage. Until the Building Officer and Inspector give that approval, any work beyond that stage shall be in violation of this chapter. The respective Inspector shall file reports as directed by the Building Officer.

B. Permit applications and processing will further follow the requirements of §§ 403.42, 403.42a, and 403.43 of the Uniform Construction Code.

§ 137-14 Special technical services.

The Code Enforcement Director shall not hire or engage the services of any other person. without the approval of Borough Council.

§ 137-15 Violations and penalties.

A. Any person, partnership or corporation who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair a building or structure in violation of the approved construction documents or directive of the Code Official, or of a permit or certificate issuer under the provisions of this Code, upon being found liable therefor in a civil enforcement proceeding commenced by the municipality, shall pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by a municipality as a result thereof.

B. 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 not such a 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 this chapter shall be paid over to the municipality.