[HISTORY: Adopted by the Borough Council of the Borough of Matamoras 10-8-1974
as Ord. No. 164, approved 10-8-1974. Section
48-11A, amended at time of adoption of Code; see Ch. 1, General Provisions,
Article I. Other amendments noted where applicable.]
A.
It shall be unlawful for any person, partnership, business
or corporation to undertake or cause to be undertaken the construction, reconstruction,
enlargement, alteration or relocation of any building or structure, unless
an approved building permit has been obtained from the Municipal Building
Permit Officer.
B.
A building permit shall not be required for repairs to
existing buildings or structures, provided that no structural changes or modifications
are involved.
As used in this chapter, the following definitions shall have the meanings
indicated:
A combination of materials to form a permanent structure having walls
and a roof; included shall be all mobile homes and trailers to be used for
human habitation.
Any person, persons, partnership, business or corporation.
A combination of materials to form something permanently affixed
to or in the ground or to any other building or structure permanently affixed
to or in the ground; included shall be such things as driveways, carports,
porches, swimming pools, etc.
Application for such a building permit shall be made in writing to the
Building Permit Officer on forms supplied by the municipality. Such application
shall contain at least the following:
A.
Name and address of applicant.
B.
Name and address of owner of land on which proposed construction
is to occur.
C.
Name and address of contractor.
D.
Site location.
E.
Brief description of proposed work and estimated cost.
F.
A plan of the site showing the exact size and location
of the proposed construction as well as any existing buildings or structures.
The Building Permit Officer shall issue a building permit only after
it has been determined that the proposed construction will be in conformance
with all applicable requirements and regulations.
After the issuance of a building permit by the Building Permit Officer,
no changes of any kind shall be made to the application, permit or any of
the plans, specifications or other documents submitted with the application,
without the written consent or approval of the Building Permit Officer.
In addition to the building permit, the Building Permit Officer shall
issue a placard which shall be displayed on the premises during the time construction
is in progress. This placard shall show the number of the building permit
and the date of its issuance and shall be signed by the Building Permit Officer.
Work on the proposed construction shall begin within six (6) months
after the date of issuance of the building permit or the permit shall expire,
unless a time extension is granted, in writing, by the Building Permit Officer.
Construction shall be considered to have started with the first placement
of permanent construction of the site, such as the pouring of slabs or footings
or any work beyond the stage of excavation. For a structure without a basement
of poured footings, the start of construction includes the first permanent
framing or assembly of the structure or any part thereof on its pilings or
foundation or the affixing of any prefabricated structure or mobile home to
its permanent site. Permanent construction does not include land preparation,
land clearing, grading or filling; excavation for basement, footings, piers
or foundations; erection of temporary forms; the installation of piling under
proposed subsurface footings; or the installation of sewer, gas and water
pipes or electric or other service lines from the street.
During the construction period, the Building Permit Officer or other
authorized official may inspect the premises to determine that the work is
progressing in compliance with the information provided on the permit application
and with all applicable municipal laws and ordinances. In the event that the
Building Permit Officer discovers that the work does not comply with the permit
application or any applicable laws and ordinances or that there has been a
false statement or misrepresentation by any applicant, the Building Permit
Officer shall revoke the building permit and report such fact to the Borough
Council for whatever action it considers necessary.
[Amended 11-1-1976 by Ord. No. 179,
approved 11-1-1976]
Applications for a building permit shall be accompanied by a fee, payable
to the Borough of Matamoras, in such amount or amounts as may be set and established
from time to time by the Borough Council.
Any person aggrieved by the Building Permit Officer's estimate
of the cost of the proposed construction may appeal to the Borough Council.
Such appeal must be filed, in writing, within thirty (30) days after the determination
by the Building Permit Officer. Upon receipt of such appeal, the Borough Council
shall set a time and place not less than ten (10) nor more than thirty (30)
days for the purpose of hearing the appeal. Notice of the time and place of
the hearing of the appeal shall be given to all parties, at which time they
may appear and be heard. The determination of the estimated cost by the Borough
Council shall be final in all cases.
A.
Any person who fails to comply with any or all of the
requirements or provisions of this chapter or who fails or refuses to comply
with any notice, order or direction of the Building Permit Officer or any
other authorized employee of the municipality shall be guilty of any offense
and, upon conviction, shall pay a fine to the Borough of Matamoras of not
less than twenty-five dollars ($25.) nor more than one thousand dollars ($1,000.),
plus costs of prosecution. In default of such payment, such person shall be
imprisoned in the county prison for a period not to exceed thirty (30) days.
Each day during which any violation of this chapter continues shall constitute
a separate offense. In addition to the above penalties, all other actions
are hereby reserved, including an action in equity, for the proper enforcement
of this chapter.
[Amended 12-30-1975 by Ord. No. 174,
approved 12-30-1975; 9-6-1988 by Ord.
No. 217]
B.
The imposition of a fine or penalty for
any violation of or noncompliance with this chapter shall not excuse the violation
or noncompliance or permit it to continue, and all such persons shall be required
to correct or remedy such violations and noncompliances within a reasonable
time. Any structure or building constructed, reconstructed, enlarged, altered
or relocated in noncompliance with this chapter may be declared by the Borough
Council to be a public nuisance and abatable as such.
