North East Township Erie County
City Zoning Code
City Zoning Code
ARTICLE VI
Administration, Enforcement and Violations
§ 350-50 Appointment of Zoning Officer.
The Board of Supervisors shall appoint a Zoning Officer who shall administer and enforce the provisions of this chapter. The Board of Supervisors may also appoint the Zoning Officer to be a member of the Planning Commission, if it so desires.
§ 350-51 Duties of Zoning Officer.
A.
The Zoning Officer shall enforce all the provisions of this chapter and shall have such duties and powers as are conferred on the Zoning Officer by this chapter and are reasonably implied for that purpose.
B.
Applications, zoning permits and inspection. The Zoning Officer shall receive applications for zoning permits and make all inspections in accordance with the provisions of this chapter.
C.
Inspection. The Zoning Officer may examine or cause to be examined all structures and/or land for which an application has been filed for zoning permits and may conduct such inspections from time to time during and at the completion of the work for which a zoning permit has been issued.
D.
Nonconforming uses. The Zoning Officer shall keep an up-to-date list of all nonconforming uses and conditional use permits.
§ 350-52 Rights of Zoning Officer.
The Zoning Officer shall have the following rights:
A.
The right to enter and examine any premises at any reasonable time for the purpose of making inspection of buildings or premises necessary to carry out his duties.
B.
The right to issue permits as provided in this chapter and keep a record of all permits issued with a notation of all special conditions involved.
C.
The right to issue stop-work orders by notice, in writing, when any construction work is being done contrary to the provisions of this chapter or a permit issued under it.
§ 350-53 Zoning permits.
B.
Application and fees. Each applicant for a zoning permit shall present with the application a plot plan showing clearly and completely the location, dimensions and nature of any structures involved and such other information as the Zoning Officer may require as to compliance with this chapter, together with a filing fee in accordance with a schedule annually affixed by resolution of the Board of Supervisors. This fee resolution may contain penalty provisions requiring the payment of an additional fee by anyone failing to obtain advance approval of the project.
C.
No contractor, subcontractor or builder shall commence construction of any structure or sign without first ascertaining that a permit has been obtained. Failure to do so shall constitute a violation of this chapter.
D.
Temporary permits. A temporary permit may be authorized by the Zoning Officer for a period not to exceed one year for nonconforming uses incidental to housing and construction projects, and including but not limited to such structures and uses as storage of building supplies and machinery, and occupation as a residence during the construction period. Any extensions thereof shall, at the option of the Zoning Officer, be referred to the Zoning Hearing Board.
E.
Record. The Zoning Officer shall maintain a permanent file of all zoning permits and applications as public record.
F.
Permits. Any permit shall be exercised within one calendar year from the date of its issue; otherwise, it shall become null and void.
§ 350-54 Notice of violation.
A.
If the Zoning Officer shall find that any of the provisions of this chapter are being violated, he shall notify, in writing, by sending the owner(s) 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, notice as set forth below.
B.
An enforcement notice shall state the following:
(1)
The name of the owner(s) of record and any other person against whom the Township 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 the 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)
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.
§ 350-55 Violations and penalties.
Any person, partnership or corporation who has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor 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 Magisterial District Judge. 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 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 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 Township.