Evans City City Zoning Code
ARTICLE III
Administration and Enforcement
§ 195-8 Duties of Code Official.
[Amended 8-1-1994 by Ord. No. 455]
The Code Official for the Borough of Evans City shall administer and enforce this chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter. The Code Official shall be appointed by the Borough Council and shall not hold any elective office in the Borough. The Code Official shall demonstrate to the Borough Council prior to taking office a working knowledge of municipal zoning.
A.
The Code Official is authorized by the Borough Council to institute civil enforcement proceedings.
B.
If the Code Official finds that any of the provisions of this chapter are being violated, he shall initiate enforcement proceedings by sending an enforcement notice to the owner of record of the parcel on which the alleged violation has occurred and to others requesting such notice. The enforcement notice shall state:
(1)
The name 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 specific provisions of this chapter.
(4)
The date before which the steps for compliance must be commenced and completed.
(5)
A statement that the recipient has the right to appeal to the Zoning Hearing Board within 30 days of the notice.
(6)
A statement that failure to comply with the notice within the required time limits, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.[1]
[1]
Editor's Note: Original Sections 1315.02, Building permits required; 1315.03, Application for building permits; and 1315.04, Construction and use to be provided in applications, plans and permits, all of which followed this section, were repealed 8-1-1994 by Ord. No. 455.
§ 195-9 Occupancy permits.
[Amended 8-1-1994 by Ord. No. 455]
A.
For new uses. After completion of the whole building or structure and upon the sworn application by the owner or his duly authorized agent setting forth such facts as the Code Official may require and after actual inspection of the premises by the Code Official, he shall, upon finding the facts to be as represented, issue in duplicate an occupancy permit, certifying that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the permit, which purposes shall conform to the requirements of this chapter.
B.
No change of use shall be made in any building, structure or premises or premises now or hereafter erected or altered that is not consistent with the requirements of this chapter. Any person desiring to change the use of his premises shall apply to the Code Official for an occupancy permit, setting forth such facts as may be required.
C.
A copy of the occupancy permit shall be kept at all times upon the premises affected and shall be displayed upon request made by any building inspector, Borough fireman or police officer.[1]
[1]
Editor's Note: The Borough of Evans City Police Department was abolished 12-2-2013 by Ord. No. 557 and was replaced by the Evans City/Seven Fields Regional Police Department. See Ch. 9, Art. III.
D.
A record shall be kept of all occupancy permits issued, and the original applications therefor shall be kept on file in the same manner as applications for building permits.
E.
No owner, tenant or other person shall use or occupy any building or structure thereafter erected or altered, the use of which shall be changed after the passage of this chapter (originally June 1, 1970) without first procuring an occupancy permit, provided that an occupancy permit once granted shall continue in effect so long as there is no change of use, regardless of change in the personnel or tenants or occupants.
F.
For existing uses. Upon written request from the owner, tenant or occupant, the Code Official, after inspection, shall issue an occupancy permit for an existing use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms with the provisions of this chapter.
G.
No change or extension of use and no alterations shall be made in a nonconforming use or premises without an occupancy permit's having first been issued by the Code Official stating that such change, extension or alteration is in conformity with the provisions of this chapter.
§ 195-10 Complaints regarding violations.
[Amended 8-1-1994 by Ord. No. 455]
Procedures for curative amendments are set forth in Article V, Amendments. See also Subsection B, Citizen actions, of § 195-5, Violations and penalties; enforcement remedies.
§ 195-11 Prepayment of fees required.
[Amended 5-5-1986 by Ord. No. 391; 8-1-1994 by Ord. No. 455]
Fees, charges, costs and expenses pertaining to this chapter are set forth in Chapter A200, Fees. No action by the Zoning Hearing Board shall be taken, and no permits, certificates, special exception or variance shall be issued until such costs, charges, fees or expenses have been paid in full.
