Bath City Zoning Code
ARTICLE IV
Enforcement and Administration
§ 675-7 Zoning Officer.
A.
Appointment. This chapter shall be administered and enforcement actions undertaken by the Zoning Officer. The Zoning Officer, may from time to time, be assisted by a building inspection service appointed by the Borough Council. Representatives of this service shall exercise all the powers of the Zoning Officer at such times as the Zoning Officer indicates and during temporary disability or absence of the Zoning Officer.
B.
Duties. The Zoning Officer shall:
(1)
Administer the Zoning Ordinance in accordance with its literal terms;
(2)
Identify and register nonconforming lots, uses and building structures, together with the reasons therefor;
(3)
Receive and examine all applications required under the terms of this chapter;
(4)
Issue or refuse permits within 30 days of the receipt of the complete application, except as specifically provided in this chapter;
(5)
Receive complaints of violations of this chapter from persons aggrieved or alleged to be aggrieved by said violations;
(6)
Issue an enforcement notice to any person violating any provisions of this chapter and institute civil enforcement proceedings as a means of enforcing this chapter, as hereinafter set forth;
(7)
Keep records of applications, permits and certificates issued, of variances granted by the Zoning Hearing Board, of complaints received, of inspections made, of reports rendered, and of notices or orders issued; such records shall be maintained and stored at the Borough offices and are the property of the Borough, and shall be available for the use of the Zoning Hearing Board, Council, other officials and staff, and Borough residents;
(8)
Make all required inspections and perform all other duties as called for in this chapter; and
(9)
Have the authority to enter, at any reasonable hour, any structure, building, premises or land in the Borough to enforce the provisions of this chapter.
C.
Conflicts. The Zoning Officer shall not hold any elective office within the Borough.
D.
Qualifications. The Zoning Officer shall demonstrate a working knowledge of municipal zoning and shall meet all qualifications as established by Borough Council.
E.
Limitations of authority. The Zoning Officer shall not have the power to permit any construction, use or change of use which does not conform to this chapter and all other chapters and ordinances of the Borough of Bath.
F.
Stop-work orders.
(1)
Upon notice from the Zoning Officer that work on or use or occupancy of any building, structure, sign, land or premises is conducted contrary to the provisions of this chapter, such work shall be stopped immediately. The stop-work order shall be served to the owner of the property involved, or to the owner's agents, and to the person doing the work, by certified mail and/or in person and/or by posting the property, and shall state the conditions under which work may be resumed in accordance with applicable time limitations.
(2)
Any person who authorizes or continues any work, use or occupancy in or about any structure, building, sign, land or premises after having been served with a stop-work order, except such work as is directed by the Borough to be performed, shall be in violation of the chapter and subject to the remedies as set forth in §§ 675-11 and 675-12 hereof.
(3)
Any person who has been served with a stop-work order or discontinues or abandons work shall not leave any structure, building, sign, land or premises in such condition as to be hazardous to the public health, safety and welfare. In the event any structure, building, sign, land or premises is abandoned or left in a condition which, in the opinion of the Zoning Officer, constitutes a hazard to the public health or safety may declare the same to be a violation. Such hazard shall thereafter be remedied as permitted or required by statute or chapter.
(4)
This article shall not apply to any existing or proposed building or extension thereof used or to be used by a public utility if, upon petition of the utility, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed condition of the building condition of the building in question is reasonably necessary for the convenience or welfare of the general public.
G.
Relief from personal responsibility. The Zoning Officer 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. Any suit instituted against the Zoning Officer or any employee because of an act performed by him in the lawful discharge of his duties pursuant to the chapter in good faith and without malice shall be defended by the legal representative of the Borough and all costs associated with such action or actions shall be borne by the Borough.
H.
Right of entry. In the discharge of the duties prescribed herein, the Zoning Officer shall have the authority to enter, at any reasonable hour, any structure, building, premises or land in the Borough to enforce, or to verify compliance with, the provisions of this chapter.
§ 675-8 Finances and fees.
A.
Council shall appropriate from general funds monies to finance the preparation, administration and enforcement of this chapter, to finance the work of the Zoning Hearing Board and to support or oppose, upon appeal to the courts, decisions of the Zoning Hearing Board. For the same purposes, Council may accept gifts and grants of money and services from private sources and from county, state and federal governments which are not prejudicial to the fair and impartial enforcement and administration hereof.
B.
Council shall prescribe reasonable fees to be charged with respect to the administration of this chapter and all applications filed hereunder.
C.
Such fees may, from time to time, be adjusted, increased, or expanded by resolution of the Borough Council.
§ 675-9 General administrative procedures.
A.
All persons or entities desiring to undertake any new construction, structural or site alteration, grading or changes in the use of a building or lot shall apply to the Zoning Officer for a zoning permit by completing the appropriate application form and by paying all required fees. No application shall be accepted or deemed complete until such time as all forms, materials and plans are fled and any and all fees are fully paid.
B.
The Zoning Officer shall either issue the zoning permits, refuse the permit, indicating in writing the reason therefor or defer the decision until such time as the required approvals of Council, the Zoning Hearing Board or the recommendations of the Planning Commission are received.
D.
Until a permit is issued, no construction shall be undertaken, and any construction which has occurred prior to the issuance of the permits shall, if requested by the Zoning Officer or Borough Council, be removed.
E.
If a permit has been issued, the action proposed may be immediately undertaken.
F.
Upon completion of the construction, the applicant may apply to the Zoning Officer for an occupancy permit (where such a permit is required).
G.
If the Zoning Officer finds that the action of the applicant is in accordance with the zoning permit, all applicable chapters, governmental enactments and any other required permits, an occupancy permit shall be issued allowing the premises to be occupied.
§ 675-10 Enforcement notice.
A.
If it appears to the Zoning Officer that a violation of any provision of this chapter has occurred, enforcement proceedings shall be initiated by sending an enforcement notice as provided in this section.
B.
The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any known occupant (if different from the owner), to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom the Zoning Officer 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 in each instance the applicable provisions of this chapter, or other statute, chapter or regulation.
(4)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal, in writing, to the Zoning Hearing Board or Borough Council, whichever is appropriate, within 15 days of receipt of the notice.
(6)
Any person who authorizes or continues any work, use or occupancy in or about any structure, building, sign, land or premises after having been served with an enforcement notice, except such work as is directed by the Borough to be performed shall be in violation of this chapter and subject to the remedies set forth in §§ 675-11 and 675-12 hereof.
(7)
Any person who has been served with an enforcement notice or discontinues or abandons work shall not leave any structure, building, sign, land or premises in such condition as to be hazardous to the public health, safety and welfare. In the event any structure, building, sign, land or premises is abandoned or left in a condition which, in the opinion of the Zoning Officer, constitutes a hazard to the public health, safety and welfare, the Zoning Officer may declare the same to be a nuisance. Such hazard shall, thereafter, be remedied as permitted by statute, chapter or law.
§ 675-11 Causes of action.
In the event any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of any provision of this chapter, the Borough, through its designated staff, or any aggrieved owner or tenant of real property who can show that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping of land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Borough Zoning Officer at least 30 days prior to the time that action is begun by serving a copy of the complaint thereon. No such action may be maintained until such notice has been given.
§ 675-12 Enforcement remedies.
Any person, partnership or corporation who or which has violated or permitted the violation of any of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding, pay a judgment of not less than $100, and the maximum penalties allowable by law, plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge, determining that there has been basis for the person, partnership or corporation violating the chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Borough of Bath.