This chapter shall be administered and enforced
by the Zoning Officer with appropriate assistance as required. The
Zoning Officer shall be appointed as provided in the PA MPC by the
Board of Supervisors.
The Zoning Officer shall function within the
parameters of the law as stated in the PA MPC and shall have the following
duties.
A. Maintain a record of all plans and applications for
permits and all permits issued, with notations as to special conditions
attached thereto;
B. To receive and examine all applications for permits;
C. To issue permits for construction and uses which are
in accordance with the provisions of this chapter;
D. To revoke, by order, a permit issued under a mistake
of fact or contrary to law or the provisions of this chapter;
E. To make such reports as the Board of Supervisors shall
require;
F. To issue permits for construction and uses which are
special exceptions or variances to the provisions of this chapter
only upon order of the Zoning Hearing Board;
G. To require that all lots shall have corner stakes
set by a registered surveyor, and that the application for a zoning
permit and the accompanying plot plan, shall contain all the information
necessary to enable him or her to ascertain whether the proposed use,
building, construction or alteration complies with the provisions
of this chapter. No zoning permit shall be issued unless the Zoning
Officer certifies that the proposed use, building, construction, or
alteration complies with the provisions of this chapter;
H. To enforce the provisions of this chapter and to issue
violation notices;
I. To issue certificates of nonconformity; and
J. To perform such other administrative tasks as may
be assigned by the Board of Supervisors.
The Zoning Officer may issue a temporary certificate
of use, occupancy or compliance which may permit the use or occupancy
of a building or structure during structural alteration thereof or
may permit the partial use or occupancy of a building or structure
during its construction or erection; provided, however, that such
a temporary certificate of use, occupancy or compliance shall be valid
only for a period not exceeding 90 days from its issuance, and shall
be subject to such restrictions and provisions as may be deemed necessary
by the Zoning Officer to adequately ensure the safety of persons using
or occupying the building, structure or land involved. Application
for such a temporary certificate of use, occupancy and compliance
shall be made in the same manner as for a certificate of use, occupancy
and compliance, and the application for or issuance of such a temporary
certificate of use, occupancy or compliance shall in no way affect
the obligation to apply for and obtain a certificate of use, occupancy
and compliance.
Every permit issued shall be good only for the
period of six months from its date, unless it is exercised or used
within said period and unless, once commenced, it is continually exercised
or used. If work ceases for a period of six months, unless such cessation
is for cause, the permit shall expire.
The Zoning Officer shall take cognizance of
a violation of any of the provisions of this chapter. He or she shall
investigate each violation that comes to his or her attention. He
or she shall order, in writing, the correction of such conditions
as he or she finds to be in violation of any of the provisions of
this chapter. Failure to secure all required permits and certificates
under this chapter, or under a Zoning Hearing Board order, when required,
prior to the erection, construction, extension or addition to a building,
shall be a violation of this chapter.
When the Zoning Officer observes an actual or
apparent violation, or has reasonable grounds to believe there is
a violation, of any provision of this chapter, or a condition imposed
as part of any order of the Zoning Hearing Board, or a condition imposed
by the Board of Supervisors upon the grant of a conditional use, he
or she shall prepare a written notice of violation. This notice may
be by citation or may be a notice describing the activity or condition
deemed to be a violation and specifying time limits within which the
violation shall be corrected. If the Zoning Officer elects to proceed
by citation, the citation shall be served as provided by the Pennsylvania
Rules of Criminal Procedure. If the Zoning Officer elects to proceed
by notice of violation, the written notice of violation shall be served
upon the owner, or upon a duly authorized agent of the owner, including
a contractor or architect, or upon the occupant or other person responsible
for the violation. Such notice of violation shall be served in any
of the following ways: by delivering a copy of the same to the person
or persons responsible for the violation by United States Postal Service
first class mail to the last known post office address; or by delivering
and leaving such notice in the possession of any person in charge
of the premises where the violation is believed to be occurring; or
by affixing a copy of such notice in a conspicuous place at the entrance
door or avenue of access of the premises where the violation is believed
to be occurring; and such procedure shall be deemed the equivalent
of personal notice.