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Covington Township Tioga County
City Zoning Code

PART 22

ADMINISTRATION AND ENFORCEMENT

§ 27-2201 Appointment and Powers of Zoning Officer.

[Ord. 12-10-12(E), 12/10/2012, § 27-2201]
1. 
For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in Covington Township, shall be appointed by the Board of Supervisors.
A. 
The Zoning Officer shall meet the qualifications established by the Township and shall be able to demonstrate to the satisfaction of the Township a working knowledge of municipal zoning.
B. 
The Zoning Officer shall administer this chapter in accordance with its literal terms, and shall not have the power to permit any construction of any use or change of use which does not conform to this chapter.
C. 
The Zoning Officer shall be authorized to institute civil enforcement proceedings as a means of enforcement.
D. 
The Township Supervisors may also designate as many Deputy Zoning Officers as it deems necessary.

§ 27-2202 Enforcement.

[Ord. 12-10-12(E), 12/10/2012, § 27-2202]
It shall be the duty of the Zoning Officer to enforce the provisions of this chapter and such power and authority as is necessary for the enforcement is hereby conferred upon the Zoning Officer. The Zoning Officer shall examine all applications for building permits and land use, and upon determination that all proposed activities are in accordance with the requirements of this chapter and all other relevant chapters, shall authorize issuance of building permits and/or certificates of use and occupancy, as the situation may warrant.

§ 27-2203 Application for Building Permits or Certificates of Use or Occupancy.

[Ord. 12-10-12(E), 12/10/2012, § 27-2203]
The applicant shall be responsible to submit sufficient data with an application for a building permit or certificate of use and occupancy to enable the Township to review said application for full compliance with the provisions of this and other chapters. The Township reserves the right to request the applicant to submit information certified by a professional engineer or registered surveyor licensed by the State of Pennsylvania, when it is deemed necessary for an accurate review of the application. Particular attention is drawn to the need to submit data necessary to review and calculate the net developable acres of a site.

§ 27-2204 Permits.

[Ord. 12-10-12(E), 12/10/2012, § 27-2204]
Building permit administration shall be governed by provisions of the currently adopted Building Code or codes of Covington Township; provided, however, that no building permit shall be issued until the Zoning Officer has certified that the proposed building, structure, addition or alteration thereto complies with all the provisions of this chapter.

§ 27-2205 Conditions of Permit.

[Ord. 12-10-12(E), 12/10/2012, § 27-2205]
1. 
No building permit shall be issued until the fees prescribed by the Board of Supervisors have been paid to the Township.
2. 
The payment of fees described in this section shall not relieve the applicant or holder of said permit from payment of other fees that may be required by this chapter or other regulation.
3. 
The permit or use shall be a license to proceed with the work and should not be construed as authority to violate, cancel or set aside any of the provisions of this chapter.
4. 
All work or use shall conform to the approved application and plans for which the permit has been issued, as well as the approved plot plan.

§ 27-2206 Records.

[Ord. 12-10-12(E), 12/10/2012, § 27-2206]
1. 
It shall be the duty of the Zoning Officer to keep records of all applications received, all permits and certificates of use and occupancy issued, reports of inspection, and notices and orders issued. He shall file and safely keep copies of all plans permitted, and the same shall form a part of the records of his office and shall be available for the use by the Board of Supervisors and other officials of the Township.
A. 
Certificate of Use and Occupancy.
(1) 
When a certificate of use and occupancy is required. It shall be unlawful to use or occupy any structure, building, or land or portion thereof hereinafter established until a certificate of use and occupancy for such structure, building, or land or portion thereof has been issued by the Township. The application for issuance of a certificate of use and occupancy shall be deemed to have been made at the same time an application for a building permit is filed with the Township. If a building permit is not required, a certificate of use and occupancy will still be required.
(2) 
The application for a certificate of use and occupancy shall be in such form as the Zoning Officer may prescribe or may be made on the same application as is required for a permit.
(3) 
The application shall contain a description of the intended use and occupancy of any structure, building, or land or portion thereof for which a permit or certificate of use and occupancy is required herein.
(4) 
The Zoning Officer or Building Official shall inspect any structure, building or use within 10 days after notification that the proposed work that was listed under the permit has been completed, and if satisfied that the work is in conformity and compliance with the work listed in the issued permit and all other pertinent laws, a certificate of use and occupancy shall be issued for the intended use listed in the original application. The certificate of use and occupancy or a true copy thereof shall be kept available for inspection by the Zoning Officer at all times.
B. 
Appeals and Applications to the Zoning Hearing Board.
(1) 
Appeals and applications to the Zoning Hearing Board from the terms of this chapter shall be filed with the Zoning Officer and shall contain:
(a) 
The name and address of the applicant.
(b) 
The name and address of the owner of the real estate involved in the appeal.
(c) 
A brief description and location of the real estate involved in the appeal.
(d) 
A statement of the present zoning classification of the involved real estate and a description of the improvements thereon and the present use thereof.
(e) 
Reference to the section of this chapter under which the appeal or application is filed; or, reference to the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and the reasons for the appeal.
(f) 
An accurate description if the present and/or proposed use intended to be made, indicating the size and use of such proposed use. In addition, there shall be attached a plot plan of the involved real estate as required to accompany applications for permits.
C. 
Building Permits. Building permits shall be required prior to erection, construction, improvement, alteration or demolition of any structure, building or portion thereof. If a building permit is not required, no property may be used until a certificate of use and occupancy has been obtained.

§ 27-2207 Enforcement Notice.

[Ord. 12-10-12(E), 12/10/2012, § 27-2207]
1. 
If it appears to the Township that a violation of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
2. 
The enforcement 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 enforcement notices regarding that parcel and to any other person requested in writing by the owner of record.
3. 
The enforcement notice shall state at least the following:
A. 
The name of the owner or record and any other person whom the Township intends to take action.
B. 
The location of the property in violation.
C. 
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
D. 
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
E. 
That the recipient of the notice has the right to appeal to the Zoning Hearing Board.
F. 
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.

§ 27-2208 Causes of Action.

[Ord. 12-10-12(E), 12/10/2012, § 27-2208]
In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows 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 or 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 Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors. No such action may be maintained until such notice has been given.

§ 27-2209 Enforcement Remedies.

[Ord. 12-10-12(E), 12/10/2012, § 27-2209]
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 Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or 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 Township 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 only one such violation until the 5th 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 attorney fees collected for violation of the Zoning Chapter shall be paid over to the Township.