(a) Zoning Enforcement. A Building Code Official shall be appointed by the City to administer and enforce this chapter. The Building Code Official shall not hold any elective office in the City.
(b) Duties and Powers of Building Code Official. It shall be the duty of the Building Code Official to enforce literally the provisions of this chapter, as amended, and he or she shall have such duties and powers as are conferred on him or her by this chapter and as are reasonably implied for that purpose. The Building Code Official’s duties shall include but are not limited to the following:
(1) Receive appeals and applications for conditional uses, special exceptions and variances, and forward them to City Council or the Zoning Hearing Board, as appropriate. Schedule, advertise and post notices on property subject to a Zoning Hearing Board hearing at least one week prior to the hearing. In addition, post a notice on the affected tract or area involved with a Zoning Map amendment as described in the PA Municipalities Planning Code section 609 (b) at least one week prior to the hearing. Provide testimony at hearings of the Zoning Board.
(2) Issue permits only where there is compliance with the provisions of this chapter. Permits for construction or uses requiring a special exception or variance shall be issued only upon order of the Zoning Hearing Board. Permits requiring a conditional use shall be issued only upon order of the City Council.
(3) When required by this chapter, identify and register nonconforming uses and structures and record the reasons.
(4) Conduct inspections and surveys as prescribed by City Council or ordinance to determine compliance or non-compliance with the terms of this chapter.
(5) Issue enforcement notices and orders in writing by certified or registered mail or served personally upon persons, firms, or corporations deemed by the Building Code Official to be violating the terms of this chapter directing them to correct all conditions found in violation. If any such person or persons does not comply with the written notice of violation within a prescribed period of time, the Building Code Official shall file a civil complaint with the district justice.
(6) Act on behalf, with approval of the City, in any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, demolition, maintenance or use of any building or structure, to restrain, correct, or abate such violation, so as to prevent the occupancy or use of any building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
(7) Revoke by order a building or zoning certificate issued under a mistake of fact or contrary to the law or the provisions of this chapter.
(8) Record and file all applications and plans for permits and the action taken thereon. All applications, plans, and documents shall be a public record.
(9) Maintain a map or maps showing the current zoning districts and overlay areas for all the land within the City. Upon request, the Building Code Official shall make determinations of any Zoning Map district boundary question. Such determination may be appealed to the Zoning Hearing Board.
(10) Upon the request of City Council, Planning Commission, or Zoning Hearing Board, present facts, records or information to assist them in making decisions.
(c) Notice of Violations.
(1) The Building Code Official shall serve a notice of violation on any person, firm, corporation, or partnership responsible for violating any of the provisions of this chapter, or a plan approved thereunder. Notice of violation shall be in writing, indicating the nature of the violation and action necessary to correct same. If the notice of violation is not complied with, the Building Code Official shall order the discontinuance of such unlawful use of structure, building, sign and/or land.
(2) The violation notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive violation notices regarding that parcel, and to any other person requested in writing by the owner of record. The violation notice shall include at least the following information:
A. Name of the owner of record and any other person against whom the City intends to take action;
B. Location of the property in violation;
C. Specific violation(s) with a description of the requirements, which have not been met, referring to applicable provisions of this chapter;
D. Date before which the steps for compliance must be commenced and the date before which the steps must be completed;
E. Rights of appeal to the Zoning Hearing Board and prescribed appeal time period of the recipient according to this chapter; and
F. Notice that failure to comply within the time period, unless extended by the Zoning Hearing Board, constitutes a violation, and possible sanctions are clearly described.
(Ord. 5139. Passed 11-27-13; Ord. 5191. Passed 12-9-15.)