A. Appointment. This chapter shall be administered and enforcement actions undertaken by an agent of the City to be appointed by the Mayor, with the approval of City Council; who shall be known as the Zoning Administrator. The terms "Zoning Administrator" and "Zoning Officer" shall have the same meaning. The Director of the Department of Community Development, or his/her successor, may designate a City employee or employees to serve as Assistant Zoning Officer(s) who shall exercise all the powers of the Zoning Administrator at such times or for such matters as the Zoning Administrator indicates and/or during the absence of the Zoning Administrator. Such Assistant Zoning Officers shall include the Zoning Inspector and Zoning Technician or their successor positions.
B. Duties. The Zoning Administrator shall:
(1) Administer this chapter in accordance with its literal terms.
(2) Be available to register nonconforming lots, uses, and structures, upon request of the owner or lessee.
(3) Receive and examine all applications required under this chapter.
(4) Issue or refuse permits after receiving a complete application, except as specifically provided in this chapter.
(5) Prepare agendas, schedules and information packets for Zoning Hearing Board meetings.
(6) Receive complaints of violations of this chapter.
(7) Issue an enforcement notice to any person violating any provision of this chapter, and institute civil enforcement proceedings as a means of enforcing this chapter, as hereinafter set forth.
(8) Keep records of applications and permits issued for actions of the Zoning Hearing Board, complaints received, inspections made, reports rendered, and notice or orders issued. Such records shall be and are the property of the City, and shall be available for the use of the Zoning Hearing Board, City Council, other City officials and staff, and City residents.
(9) Make all required inspections and perform all other duties as called for in this chapter.
(10) Have the authority to enter, at any reasonable hour, any structure, premises or land in the City to enforce the provisions of this chapter, within the limitations of state law. If refused entry, the Zoning Administrator shall have the authority to seek an administrative warrant.
(11) Complete such other roles as provided in this chapter.
(12) In accordance with Chapter 308, Housing, of the Code of the City of Reading, as amended,
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the Zoning Administrator shall be empowered to perform the duties described and imposed therein. [Added 10-24-2011 by Ord. No. 53-2011]
(13) Have the authority to enforce the Historic District Ordinance. [Added 12-16-2013 by Ord. No. 83-20132]
C. Conflicts. The Zoning Administrator shall not hold any elective office within the City.
D. Qualifications. The Zoning Administrator shall demonstrate a working knowledge of municipal zoning and shall meet all qualifications established by the Mayor and City Council.
E. Limitations of authority. The Zoning Administrator shall not have the power to permit any construction, use or change of use that does not conform to this chapter.
F. Stop-work orders.
(1) Upon notice from the Zoning Administrator that work on or use or occupancy of any structure, sign, land or premises is conducted contrary to the provisions of this chapter, the Zoning Administrator may require that such work shall be stopped immediately. The stop-work order shall be served to the owner of record of the property, or to the designated owner's agent, by certified mail and be posted on the property.
(2) Any person who authorizes or continues any work, use or occupancy in or about any structure, sign, land or premises after having been served with a stop-work order, except such work as is directed by the City to be performed, shall be in violation of this chapter and subject to the penalties as set forth in § 600-206 hereof.
(3) Any person who has been served with a stop-work order or discontinues or abandons work shall not leave any structure, sign, land or premises in such condition as to be hazardous to the public health, safety and welfare. In the event any structure, sign, land or premises is abandoned or left in a condition which, in the opinion of the Zoning Administrator, constitutes a hazard to the public health, safety and welfare, the Zoning Administrator may declare the same to be a nuisance. Such hazard shall thereafter be abated as permitted by statute or ordinance.
G. Relief from personal responsibility. The Zoning Administrator or any employee charged with the enforcement of this chapter, while acting in such capacity, shall not be personally liable for any actions, effects, consequences or results undertaken in furtherance of the provisions of this chapter. Additionally, the Zoning Administrator shall be indemnified against any cost and/or damage occurred as a result of the execution of his or her official duties. Any suit instituted against the Zoning Administrator or any employee because of an act performed in the lawful discharge of his or her duties pursuant to the chapter in good faith and without malice shall be defended by the legal representative of the City and all costs associated with such action or actions shall be borne by the City.
1. NOTE: Section 308-104B, enacted 12-12-2011 by Ord. No. 52-2011.
2. Editor's Note: See Ch. 295, Historical and Conservation Districts.