[Amended 8-1-1994 by Ord. No. 455]
The Code Official for the Borough of Evans City
shall administer and enforce this chapter in accordance with its literal
terms and shall not have the power to permit any construction or any
use or change of use which does not conform to this chapter. The Code
Official shall be appointed by the Borough Council and shall not hold
any elective office in the Borough. The Code Official shall demonstrate
to the Borough Council prior to taking office a working knowledge
of municipal zoning.
A. The Code Official is authorized by the Borough Council
to institute civil enforcement proceedings.
B. If the Code Official finds that any of the provisions
of this chapter are being violated, he shall initiate enforcement
proceedings by sending an enforcement notice to the owner of record
of the parcel on which the alleged violation has occurred and to others
requesting such notice. The enforcement notice shall state:
(1) The name of the owner of record and any other person
against whom the Borough intends to take action.
(2) The location of the property in violation.
(3) The specific violation, with a description of the
requirements which have not been met, citing specific provisions of
this chapter.
(4) The date before which the steps for compliance must
be commenced and completed.
(5) A statement that the recipient has the right to appeal
to the Zoning Hearing Board within 30 days of the notice.
(6) A statement that failure to comply with the notice
within the required time limits, unless extended by appeal to the
Zoning Hearing Board, constitutes a violation, with possible sanctions
clearly described.
[Amended 8-1-1994 by Ord. No. 455]
A. For new uses. After completion of the whole building
or structure and upon the sworn application by the owner or his duly
authorized agent setting forth such facts as the Code Official may
require and after actual inspection of the premises by the Code Official,
he shall, upon finding the facts to be as represented, issue in duplicate
an occupancy permit, certifying that the premises comply with the
provisions of this chapter and may be used for the purposes set forth
in the permit, which purposes shall conform to the requirements of
this chapter.
B. No change of use shall be made in any building, structure
or premises or premises now or hereafter erected or altered that is
not consistent with the requirements of this chapter. Any person desiring
to change the use of his premises shall apply to the Code Official
for an occupancy permit, setting forth such facts as may be required.
C. A copy of the occupancy permit shall be kept at all
times upon the premises affected and shall be displayed upon request
made by any building inspector, Borough fireman or police officer.
D. A record shall be kept of all occupancy permits issued,
and the original applications therefor shall be kept on file in the
same manner as applications for building permits.
E. No owner, tenant or other person shall use or occupy
any building or structure thereafter erected or altered, the use of
which shall be changed after the passage of this chapter (originally
June 1, 1970) without first procuring an occupancy permit, provided
that an occupancy permit once granted shall continue in effect so
long as there is no change of use, regardless of change in the personnel
or tenants or occupants.
F. For existing uses. Upon written request from the owner,
tenant or occupant, the Code Official, after inspection, shall issue
an occupancy permit for an existing use legally existing at the time
this chapter is made effective, certifying the extent and kind of
use and whether any such existing use conforms with the provisions
of this chapter.
G. No change or extension of use and no alterations shall
be made in a nonconforming use or premises without an occupancy permit's
having first been issued by the Code Official stating that such change,
extension or alteration is in conformity with the provisions of this
chapter.
[Amended 8-1-1994 by Ord. No. 455]
Procedures for curative amendments are set forth in Article
V, Amendments. See also Subsection
B, Citizen actions, of §
195-5, Violations and penalties; enforcement remedies.
[Amended 5-5-1986 by Ord. No. 391; 8-1-1994 by Ord. No. 455]
Fees, charges, costs and expenses pertaining to this chapter are set forth in Chapter
A200, Fees. No action by the Zoning Hearing Board shall be taken, and no permits, certificates, special exception or variance shall be issued until such costs, charges, fees or expenses have been paid in full.