Beaver City Zoning Code
PART 19
ADMINISTRATION AND ENFORCEMENT
§ 27-1901 Permit Requirements.
[Ord. 778, 5/8/2012, § 1]
1.
Building/Zoning Permit.
A.
A building/zoning permit demonstrating compliance with applicable Pennsylvania Uniform Construction Code standards, shall be obtained before any person may:
B.
A building/zoning permit is not required for normal maintenance activities, minor repairs, or remodeling or alterations which do not affect the basic structure of an existing building, or increase the lot area coverage, or change the use of the parcel or building.
C.
Applications for a building/zoning permit shall be filed with the Zoning Officer, shall be in writing, and shall be accompanied by:
(1)
Two copies of a site plan drawn to scale and showing the boundary lines and actual dimensions of the lot, the exact size and location of all existing buildings and other structures, the exact size and location of any proposed new buildings or other structures, the size and location of parking spaces, etc.
(2)
Specification of the intended use of the lot or structure.
(3)
A description of the proposed work, indicating the number of rooms, dwelling units, offices, etc.
(4)
Identification of the record owner of the property and the actual owner, if different.
(5)
Such other information as may be deemed necessary by the Zoning Officer.
D.
Every building/zoning permit shall be applied for, issued and accepted upon the following conditions:
(1)
The work actually done must conform strictly to the documents submitted with the application for the permit.
(2)
If inspection of the work by the Zoning Officer reveals a deviation from the application documents, the Zoning Officer shall issue a "stop work" order to the permit holder.
(3)
Upon receipt of a "stop work" order, the permit holder shall immediately cease all construction activity and correct the nonconforming work.
E.
After a building/zoning permit has been issued, the use and/or work authorized by such permit must be initiated within six months from date of issue, or the permit shall be void. All work must be completed and site restored within 18 months of the date of permit issuance. These limitations may be extended when delay is found by the Zoning Officer to be beyond control of the applicant.
F.
A building/zoning permit relating to work to be done shall be posted and displayed prominently on the premises by the applicant until all such work has been completed.
2.
Occupancy Permit.
A.
An occupancy permit shall be obtained before any person may:
(1)
Occupy or use vacant land.
(2)
Occupy a newly constructed building.
(3)
Occupy and use a building moved, enlarged or altered so as to require a building/zoning permit.
(4)
Occupy land or a structure the previous use of which is being changed, except to another use of the same kind.
(5)
Begin a new nonconforming use which is being changed from a previous nonconforming use.
It is unlawful for a person to do any of the foregoing acts before an occupancy permit has been issued. |
B.
An application for a building/zoning permit shall also constitute an application for an occupancy permit. When the subject land or structure is believed to be ready for use or occupancy, the applicant shall so notify the Zoning Officer and request an inspection. If the Zoning Officer is satisfied after inspection that the work done and the proposed use are in full conformity with the provisions of this chapter, he shall issue an occupancy permit. However, if upon inspection the Zoning Officer determines that either the work done or the proposed use is not in full conformity with the provisions of this chapter, he shall not then issue an occupancy permit, but shall instead inform the applicant of his findings and the corrections necessary. When the Zoning Officer is fully satisfied, after corrective action and reinspection, that the work done and the proposed use do in fact comply with the provisions of this chapter, he shall issue the occupancy permit within 30 days.
§ 27-1902 Zoning Officer.
[Ord. 778, 5/8/2012, § 1]
1.
Qualifications. To be eligible for appointment as the Zoning Officer of Beaver Borough, a person must meet the following qualifications:
2.
Duties. The Zoning Officer shall perform the following duties:
A.
Receive, consider and either grant or deny applications for permits.
B.
Make site visits and physical inspections and measurements to assure conformity of the work actually done with the plans submitted with the application for the building/zoning permit.
C.
Prepare and maintain complete and accurate records of such inspections, including the date of and findings of each.
D.
Attend public meetings and public hearings of the Planning Commission, when requested to do so.
E.
Attend public hearings of the Zoning Hearing Board, whenever appropriate.
F.
Attend public hearings and meetings of the Borough Council, when requested to do so.
G.
Attend hearings held by the district justice in civil enforcement proceedings, when requested to do so by the Borough Solicitor.
H.
Take such other actions as may be directed by this chapter.
I.
Take such other actions as may be necessary for the proper administration of this chapter.
3.
Enforcement Powers. The Zoning Officer is hereby authorized, when acting within the scope of his or her employment, to institute civil enforcement proceedings as provided for in the Pennsylvania Municipalities Planning Code, Act 247 of 1968, 53 P.S. § 10101 et seq., as amended, as a means of enforcing the provisions of this chapter.
§ 27-1903 Fees.
[Ord. 778, 5/8/2012, § 1]
1.
The Borough Council shall establish, by motion or resolution, a schedule of fees for building/zoning permits, occupancy permits, applications for conditional use permits, applications for uses by special exception, applications for variances, and applications for any other action which may be authorized under this chapter or the Pennsylvania Municipalities Planning Code, Act 247 of 1968, 53 P.S. § 10101 et seq., as amended.
2.
No permit shall be issued and no other requested action shall be taken until the prescribed fee therefore has been paid in full.
§ 27-1904 Notification of Violation.
[Ord. 778, 5/8/2012, § 1]
1.
Any apparent violation of this chapter which is observed by the Zoning Officer, or any other Borough official, shall cause such official to initiate the following proceedings:
A.
The Zoning Officer shall notify, in writing, by certified mail, the person(s) responsible for such violation, indicating the nature of the violation and order the action necessary to correct it. The Zoning Officer shall order discontinuance of illegal use of land, building or structure; removal of illegal buildings or structures, or of additions, alterations or structural changes thereto; discontinuance of illegal work being done, or shall take any other action authorized by this chapter to insure compliance with, or prevent violation of, its provisions.
B.
Notice of violation shall be given in writing, by certified mail and shall require abatement of the violation within a time period specified in the notice. Such time period will begin on the day of receipt of said notice. In cases of emergency involving the health, safety, and welfare of any person, or the public, immediate correction or abatement of the violation may be imposed.
C.
The notice of violation shall contain the following information:
(1)
The name(s) 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 in each instance, the applicable provisions of this chapter.
(4)
The date before which the steps for compliance must be commenced, and the date before which such steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time, in accordance with procedures set forth in this chapter.
(6)
Failure to comply with the notice in the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
§ 27-1905 Enforcement.
[Ord. 778, 5/8/2012, § 1]
1.
This chapter shall be enforced by the Zoning Officer. No permit of any kind, as provided for in this chapter, shall be granted by him/her for any purpose except in compliance with the provisions of this chapter, or a decision of the Zoning Hearing Board or of the court.
2.
Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully, the causes and basis thereof, shall be filed with the Zoning Officer. He/she shall record each complaint that is properly submitted, immediately investigate and take action thereon, as provided by this chapter.
§ 27-1906 Penalties.
[Ord. 778, 5/8/2012, § 1]
1.
Any person, partnership or corporation who, or which, has violated or permitted the violation of the provisions of this chapter shall upon being found liable therefore in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 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 district justice. 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 district justice, determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating this 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 district justice and thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys fees collected for the violation of this chapter shall be paid over to the Borough.
2.
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine, pending a final adjudication of the violation and judgment.
3.
Nothing contained in this Part shall be construed or interpreted to grant to any person or entity, other than the Borough, the right to commence any action for enforcement pursuant to this chapter.