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Port Allegany City Zoning Code

ARTICLE V

Administration and Enforcement

§ 100-22 Office of Zoning Officer.

A. 
Creation of office. The office of Zoning Officer is hereby created.
B. 
Appointment. The Zoning Officer shall be appointed by the Borough Council as prescribed by the MPC. The Borough Council shall establish qualifications for the position of Zoning Officer which require candidates to demonstrate a working knowledge of municipal zoning to the satisfaction of the borough.
C. 
Official records. Official records shall be kept of all business of the Zoning Officer and shall be open to public inspection at all appropriate times.
D. 
Compensation of the Zoning Officer. The compensation of the Zoning Officer shall be as determined by Borough Council.
E. 
Duties and powers of the Zoning Officer. The Zoning Officer shall interpret and enforce all provisions of 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.
F. 
Permits and certificates of use and occupancy. The Zoning Officer shall issue permits and certificates of use and occupancy. Permits and certificates of use and occupancy for construction and use which are permitted as a special exception or variance from the Zoning Ordinance shall be issued only upon written order of the Zoning Hearing Board.
G. 
Annual report. The Zoning Officer shall annually submit to the Borough Council a report of all permits and certificates of use and occupancy, notices issued and orders.
H. 
Right of entry. The Zoning Officer shall have the authority to enter at any reasonable hour any land and/or structure in the borough in order to inspect and enforce the provisions of this chapter. Before entering, he shall provide proper identification.

§ 100-23 Application for building permit and certificate of use and occupancy.

A. 
When a building permit is required. It shall be unlawful to place, erect, enlarge, construct, reconstruct or structurally alter any building and/or other structure or change the use, intensity of use or extend or displace the use of any building, other structure and/or land in the borough without first filing an application with the Zoning Officer, in writing, and obtaining the required building permit, except where otherwise indicated. An additional fee of $25 may be added to the cost of the building permit for failure to obtain a building permit before construction.
B. 
When a certificate of use and occupancy is required. It shall be unlawful to use and/or occupy any building, other structure and/or land for which a building permit is required until a certificate of use and occupancy for such building or other structure and/or land has been issued by the Zoning Officer. The application for issuance of a certificate of use and occupancy shall be made at the same time an application for a building permit is filed with the Zoning Officer.
C. 
Forms of application. The application for a building permit and a certificate of use and occupancy shall be submitted in such form as the Zoning Officer may prescribe and shall be accompanied by the required fee.
D. 
Plot diagram. Applications shall be accompanied by a plot plan diagram in duplicate. The plot plan shall be drawn to a suitable scale and shall clearly and accurately show dimensions of buildings and lots, both existing and proposed, abutting streets, proposed uses of buildings and lots, North arrow and scale and other information which the Zoning Officer may require to make a decision on the permit. One copy shall be returned to the applicant indicating approval or disapproval, and one copy shall be retained by the Zoning Officer.
E. 
Amendments to a building permit. Amendments to a building permit or other records accompanying it may be filed at any time before completion of the work. The Zoning Officer shall approve all such amendments except for those to building permits which have been authorized by action of the Zoning Hearing Board, in which case the Board shall approve any amendments. Amendments shall be deemed part of the original application.
F. 
Expiration of building permits.
(1) 
If work described in any building permit has not begun within 180 days from the date of issuance, the building permit shall expire. A written notice shall be given by the Zoning Officer to the persons affected. If permitted work has not been substantially completed within one year of the date of issuance, the building permit shall expire. A written notice shall be given by the Zoning Officer to the persons affected.
(2) 
Upon expiration of a building permit, work may not continue until either a building permit renewal or a new building permit has been obtained. The Zoning Officer may issue a building permit renewal when the proposed activities, information and conditions contained in the original building permit application will be continued without change. The building permit renewal shall include limitations on time, not to exceed one year allowed for substantial completion of the work. The Zoning Officer may require the provision of a reasonable performance bond to ensure completion with the time limit specified in the building permit renewal.

§ 100-24 Action on building permits and certificates of use and occupancy.

A. 
Action on building permit application. The Zoning Officer shall normally act on all applications for building permits and amendments thereto within 10 days after filing, except where otherwise indicated. He shall conduct a preliminary inspection for all structures and/or land for which an application has been filed for a building permit. He shall also review the building permit application to ensure that the proposed activities comply with the borough's Floodplain Management Ordinance[1] and with applicable standards and regulations of the Pennsylvania Department of Labor and Industry. If the application and preliminary inspection indicate compliance with the Zoning Ordinance and the Floodplain Management Ordinance and approval, where applicable, by the Department of Labor and Industry, a building permit shall be issued. Disapproval of a building permit shall be in writing to the applicant.
[1]
Editor's Note: See Article IX, Flood Damage Prevention.
B. 
Posting of building permit. The building permit issued by the Zoning Officer shall be posted at the work site and be visible from the street until the completion of the permitted work.
C. 
Revoking a building permit. The Zoning Officer may revoke an issued building permit in case of any false statement in the application for the building permit.
D. 
Action upon completion. Upon completion of the permitted work and prior to use and occupancy, the holder of the building permit shall notify the Zoning Officer of such completion. After receiving notice of completion, the Zoning Officer shall conduct a final inspection of all permitted structures and/or land. All violations of the approved building permit and plans shall be recorded and presented, in writing, to the holder of the building permit. If the Zoning Officer is satisfied that the completed work conforms with the issued building permit and complies with the Zoning Ordinance, he shall issue a certificate of use and occupancy for the use indicated in the building permit. The Zoning Officer shall conduct the final inspection and issue either a written record of violations or an approved certificate of use and occupancy within 10 days after receiving notice.

§ 100-25 Payment of fees.

No building permit or certificate of use and occupancy shall be issued until the fees prescribed by resolution of Borough Council have been paid.

§ 100-26 Enforcement notice.

Where the Zoning Officer finds that any provisions of this chapter are being violated, he shall initiate enforcement proceedings by sending an enforcement notice to appropriate parties in accordance with Article VI of the MPC. As specified in the MPC, the enforcement notice shall state the nature of the violation, the actions and deadline dates for achieving compliance, possible enforcement proceedings and other information.

§ 100-27 Prosecution of violation.

If the enforcement notice is not complied with, the Zoning Officer shall request the Borough Solicitor to institute appropriate proceedings to correct such violations. Such proceedings are provided for in, and shall be in accordance with, Article VI of the MPC.