Pittston City Zoning Code
ARTICLE III
Administration and Enforcement
§ 480-13 Zoning code official.
The zoning code official and/or designee shall be appointed by Council and referred to hereafter as "the Zoning Officer." The Zoning Officer's duties shall include, but not be limited to:
A.
To enforce all provisions of this chapter and all amendments thereto.
B.
To receive and examine all applications for building and other permits and issue building and other permits for any use which is addressed in this chapter.
C.
To refer applications for special exemptions to the Zoning Hearing Board.
D.
To issue permits for construction of structures requiring a special exception or variance only upon order of the Zoning Hearing Board. Permits requiring the approval of the City Council, such as conditional approval, shall be issued only after authorization from the City Council.
E.
To receive applications for interpretation appeals and variances and forward these applications to the Zoning Hearing Board for action thereon.
F.
To conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.
G.
To issue stop, cease and desist orders and order, in writing, correction of all conditions found to be in violation of this chapter. Such written orders shall be served personally or by certified mail upon persons, firms or corporations deemed by the Zoning Officer to be violating the terms of this chapter. It shall be unlawful for any person to violate any such order lawfully issued by the Zoning Officer, and any person violating such order shall be guilty of violation of this chapter.
H.
To keep an official record of all business and activities, including complaints of a violation of any of the provisions of this chapter and of the subsequent action taken on each such compliant.
I.
To maintain or cause to have maintained a map or maps showing the current zoning classification of all land in the City.
J.
To approve a reasonable accommodation for handicapped persons pursuant to the provisions of the Federal Fair Housing Act.[1]
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
§ 480-14 Zoning permits, building permits, certificates of use and occupancy, and other permits.
A.
The following general requirements apply to zoning permits, building permits and certificates of use and occupancy as reviewed and issued by the Zoning Officer.
(1)
Persons desiring to undertake any new construction, structural or site alteration or changes in use of a building or lot shall apply to the City Zoning Officer for a permit by filling out the appropriate application form and by submitting the required fee.
(2)
The Zoning Officer shall either issue the appropriate permit or shall refuse the permit, indicating in writing the reason for refusal. Certain construction activities, alterations or land use activities may require approval of the City Council, Planning Department and/or Zoning Hearing Board. If the permit is refused by the Zoning Officer, the applicant may appeal to the Zoning Hearing Board with the required hearing fee.
(3)
Once the applicant has received the permit, the applicant may undertake the action that is specifically referenced on the approved permit application. Upon completion of such action, the applicant may apply to the Zoning Officer for an occupancy permit (where such a permit is required). If the Zoning Officer finds that the action of the applicant is in accordance with the zoning permit, building permit and any other required permit approvals, the Zoning Officer shall issue an occupancy permit allowing the premises to be occupied.
B.
The following specific requirements apply to an application for a zoning permit and/or building permit within the City.
(1)
No person shall erect, alter, convert, move or add to any building, structure or sign, or alter the use of any land or structure, until the Zoning Officer issues a zoning permit and/or building permit to the person or applicant for said construction.
(2)
Unless otherwise specified by this chapter, a zoning permit is not required for normal maintenance and repairs.
(3)
The following provisions shall apply to the types of procedural requirements for a use permitted by right, special exception or conditional use:
(a)
A zoning permit and/or building permit may be issued by the Zoning Officer for all uses permitted by right, subject to the provisions and requirements of this chapter.
(b)
A zoning permit and/or building permit may be issued by the Zoning Officer for all uses permitted as part of a zoning variance application which has been approved by the Zoning Hearing Board and subject to the provisions and requirements of this chapter.
(c)
A zoning permit and/or building permit may be issued by the Zoning Officer for all uses permitted as part of a special exception application which has been approved by the Zoning Hearing Board and subject to the provisions and requirements of this chapter.
(d)
A zoning permit and/or building permit may be issued by the Zoning Officer for all uses permitted as part of a conditional use application which has been approved by City Council and subject to the provisions and requirements of the Code.
C.
Each license, permit or approval issued shall expire after 180 days, if no work is undertaken or such use or activity is not established, unless a different time of issuance of the license or permit is allowed in this Code, or unless an extension is granted by the issuing agency prior to expiration. Failure to comply fully with the terms of any permit, license or approval shall be permitted to be grounds for cancellation or revocation. Action to cancel any license, permit or approval shall be permitted to be taken on proper grounds by the code official. Cancellation of a permit or approval by the commission or board shall be permitted to be appealed in the same manner as its original action.
§ 480-15 Fees.
A.
The City Council shall establish, by resolution, a schedule of fees, charges and expenses and collection procedures for building permits, occupancy permits, sign permits, conditional uses, special exceptions, variances, validity challenges, curative amendments, petitions for a zoning charge, appeals and other matters pertaining to this chapter. The schedule of fees shall be posted in City Hall and may be altered or amended only by the City Council.
B.
No action shall be taken on any application for any conditional use, special exception, variance, validity challenge, curative amendment, petition for a zoning change or appeal until all application fees, charges and expenses have been paid in full.
C.
The applicant shall reimburse the City for any fees of the City Engineer or other experts and consultants for reviews on applications for conditional use, petitions for zoning change, curative amendments and the like.
§ 480-16 Notice of violation.
A.
If it appears to the City that a violation of any provision of this chapter or any amendment thereto, any detailed statement or a plan approved under the provisions of this chapter or any amendment thereto or any condition of a variance or special exception granted by the Zoning Hearing Board or of a conditional use granted by the City Council has occurred or is occurring, the Zoning Officer, his designated agent or other enforcement officer shall initiate enforcement proceedings by providing notice thereof to the owner of record of the parcel, to any person who has filed a written request to receive such a notice regarding that parcel and to any other person requested, in writing, by the owner of record of the parcel.
B.
The enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom the City 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 the ordinance.
(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 or otherwise as prescribed herein 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 or otherwise as provided in this chapter, constitutes a violation, with possible sanctions clearly described.
§ 480-17 Violations and penalties.
Any person 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 hereunder, pay a judgment up to $500, plus all court costs, including reasonable attorney's fees incurred by the City 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. In the event that any such person against whom a judgment has been rendered by the District Justice neither pays nor timely appeals the judgment, the City may enforce the judgment pursuant to the applicable Pennsylvania Rules of Civil Procedure. Each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney's fees collected for the violation of this chapter shall be paid over to the City.
§ 480-18 Remedies.
In case any building, sign or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, sign, structure or land is used or any hedge, tree, shrub or other growth is maintained in violation of this chapter or of any regulations pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
