[Adopted 12-18-1978 by Ord. No. 361, approved
12-18-1978]
There is hereby adopted by the Borough of Conway
for the purpose of prescribing regulations governing buildings those
certain minimum design standards for rehabilitation for residential
purposes, as prepared by the United States Department of Housing and
Urban Development, being particularly Publication No. 4940.4, September
1973 Edition thereof and the whole thereof, save and except such portions
as are hereinafter deleted, modified or amended, of which standards
not less than three copies have been and now are filed in the office
of the Secretary of the Borough of Conway, and the same are hereby
adopted and incorporated as fully as if set out at length herein;
and from the date on which this article shall take effect, the provisions
thereof shall be controlling within the limits of the Borough of Conway.
The standards hereby adopted shall be enforced
by the Building Inspector of the Borough of Conway.
As used in this article and the standards adopted
hereby, the following words shall have the meanings indicated:
The Borough of Conway.
The Building Inspector of the Borough of Conway
shall have the power to modify any of the provisions of the standards
hereby adopted upon application in writing by the owner or lessee
or his duly authorized agent when there are practical difficulties
in the way of carrying out the strict letter of the standards, provided
that the spirit of the standards shall be observed, public safety
secured and substantial justice done. The particulars of such modification,
when granted or allowed, and the decision of the Building Inspector
shall be entered upon the records of the Borough Secretary, and a
signed copy shall be furnished the applicant.
Whenever the Building Inspector shall disapprove
an application or refuse to grant a permit applied for or when it
is claimed that the provisions of the standards do not apply or that
the true intent and meaning of the standards have been misconstrued
or wrongly interpreted, the applicant may appeal from the decision
of the Building Inspector to the Council of the Borough of Conway
within 30 days from the date of the decision appealed.
A.
Any person who shall violate any of the provisions
of the standards hereby adopted or fail to comply therewith, or who
shall violate or fail to comply with any order made thereunder, or
who shall build in violation of any detailed statement of specifications
or plans submitted and approved thereunder or any certificate or permit
issued thereunder and from which no appeal has been taken, or who
shall fail to comply with such an order as affirmed or modified by
the Borough of Conway or by a court of competent jurisdiction within
the time fixed herein shall, severally for each and every such violation
and noncompliance respectively, be guilty of a misdemeanor, punishable
by a fine of not less than $50 nor more than $300 or by imprisonment
for not less than 15 days nor more than 30 days, or both such fine
and imprisonment. The imposition of one penalty for any violation
shall not excuse the violation or permit it to continue; and all such
persons shall be required to correct or remedy such violations or
defects within a reasonable time; and when not otherwise specified,
each 10 days that prohibited conditions are maintained shall constitute
a separate offense.
B.
The application of the above penalty shall not be
held to prevent the enforced removal of prohibited conditions.
