Etna City Zoning Code
ARTICLE XI
Administration and Enforcement
§ 615-37 Administration.
A.
Borough Council. Under this chapter, the Borough Council has the duty to:
(1)
Consider and adopt or reject proposed amendments or the repeal of this chapter as provided by law. Borough Council cannot hear and decide questions of enforcement that may arise.
(2)
Appoint and remove members of Borough Planning Commission, Zoning Hearing Board and the Zoning Officer.
(3)
Receive and consider Borough Planning Commission's ordinance-related recommendations.
(4)
Ask for recommendations of the Borough Planning Commission on the adoption or amendment of this chapter and for those matters specified in § 303(a) of the MPC, as amended.
(5)
Advertise and host a public hearing before adopting a zoning ordinance or any of its amendments.
(6)
Establish fees for the issuance of land development, building occupancy and sign permits. In accordance with MPC § 617.3(e).
(7)
Prescribe fees for processes outlined in MPC § 617.3(e)
(8)
Has exclusive jurisdiction to hear and render final adjudications for:
(a)
All applications pursuant to § 508 of the MPC, 53 P.S. § 10508, for approval of subdivisions or land development when a local Subdivision and Land Development Ordinance exists.
(b)
Applications for conditional use under the express provisions of this chapter.
(c)
Applications for curative amendment to this chapter or pursuant to §§ 609.1 and 916.1(a) of the MPC, 53 P. S. §§ 10609.1 and 10916.1(a).
(d)
All petitions for amendments to land use ordinances, pursuant to the procedures set forth in § 609 of the MPC, 53 P. S. § 10609.
(e)
Appeals from the determination of the Zoning Officer or the Borough Engineer in the administration of any land use ordinance or provisions with reference to sedimentation and erosion control and stormwater management as enabled by the MPC.
(f)
Based upon a subdivision or land development plan, as reviewed and approved by Allegheny County, the Borough shall be responsible for issuance of building permits and conducting inspections.
B.
Borough Planning Commission. Powers and duties of Borough Planning Commission are those outlined in § 209.1 of the MPC, as amended.
C.
Zoning Hearing Board. Powers and duties of the Zoning Hearing Board are those outlined in Article IX of the MPC, as amended.
D.
Zoning Officer. Duties generally involve:
(1)
The day-to-day administrative procedures of this chapter.
(a)
Receiving, reviewing, and issuing building and zoning permits and certificates of occupancy, maintaining records of applications and permits, performing inspections to determine compliance with this chapter.
(b)
Notify persons violating this chapter.
(c)
Keeping this chapter and map up-to-date.
(d)
Accepting applications for and presenting facts at hearings before the Zoning Hearing Board.
(2)
Borough Council may amend the duties of the Zoning Officer as deemed necessary for the health, safety and welfare of the residents.
(3)
The Zoning Officer:
(a)
Must administer this chapter by its literal terms.
(b)
Does not have any discretionary power and can neither waive nor tighten any requirement of the chapter.
(c)
Is required to meet qualifications established by the Borough and the MPC and must be able to demonstrate a working knowledge of the municipal zoning.
(d)
May also serve as the Building Inspector.
(e)
Must be appointed in conformance with § 614 of the MPC.
E.
Building Inspector.
(1)
The Building Inspector enforces this chapter by issuing building permits and occupancy permits for only such structures and uses that comply with the provisions of this chapter. The Building Inspector conducts all inspections necessary to determine compliance with the chapter and maintains records thereof.
(2)
The Building Inspector is responsible for:
(a)
Maintaining all of the records of this chapter, including but not limited to all maps, amendments and variances, nonconforming uses appeals and applications.
(b)
Collecting fees that accompany applications for building and occupancy permits and variances.
(c)
Receiving, filing and forwarding to the Borough Council and the Borough Planning Commission for action all applications for amendments to this chapter.
(d)
Receiving, filing and forwarding to the Zoning Hearing Board all applications for variances and appeals.
(3)
The Building Inspector may also serve as the Zoning Officer.
§ 615-38 Enforcement remedies.
A.
Enforcement notice.
(1)
If it appears to the Borough that a violation of this chapter has occurred, the Borough will initiate enforcement proceedings by sending an enforcement notice as provided in this chapter.
(2)
The enforcement notice must be sent to the owner of the lot on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that lot, and to any other person requested in writing by the owner of record.
(3)
An enforcement notice states at least the following:
(a)
The name of the owner of record and any other person against whom the Borough intends to take action.
(b)
The location of the lot 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 within the time frame as defined by the enforcement notice.
(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.
B.
Remedies.
(1)
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter must, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by the Borough as a result thereof. No judgment may 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 constitutes a separate violation, unless the Magisterial District Judge 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 can 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 will constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter must 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 section can 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 section.