Port Vue City Zoning Code
ARTICLE XI
Administration and Enforcement
§ 310-32 Administration; powers.
[Amended 9-12-1989 by Ord. No. 401; 5-30-1990 by Ord. No. 446]
A.
For the administration of a zoning ordinance, a Zoning Officer, who shall not hold any elective office in the Borough, shall be appointed. The Zoning Officer shall meet qualifications established by the Borough and shall be able to demonstrate to the satisfaction of the Borough a working knowledge of municipal zoning. The Zoning Officer shall administer the Zoning Ordinance 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 the Zoning Ordinance. Zoning Officers may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of their employment.
B.
All appeals from decisions of the Zoning Officer shall be taken in the manner set forth in this chapter.
§ 310-33 Zoning certificates.
[Added 6-1-2010 by Ord. No. 565]
A.
Zoning certificates will be required for any property that is within the Borough of Port Vue's Residential and Commercial District, as defined by the Borough of Port Vue Zoning Ordinance.
(1)
The information required on the application for a zoning certificate shall include:
(a)
Name and address of the resident or business occupying the property;
(b)
Owner name;
(c)
Owner address;
(d)
Emergency contact information for the owner;
(e)
The intended use of the property;
(f)
Number of employees, if applicable;
(g)
For properties that have tenants occupying the space, the owner also shall provide the tenant name(s) and contact information.
B.
Zoning certificates shall be issued by the Borough Manager.
C.
The fee for said zoning certificate shall be $25, that must be paid at the time of application.
D.
Issuance restricted.
(1)
No zoning certificate shall be issued to any person, for any property, structure or use, if the owner, tenant, lessee or other responsible person for whom the permit is sought is:
(2)
For purposes of this section, a legal, nonconforming use shall be deemed to be in compliance with the Borough of Port Vue Zoning Ordinance.
§ 310-34 Occupancy permits.
[Amended 9-12-1989 by Ord. No. 401]
A.
Required for new use, or for change in use of land or structure, or for a nonconforming sign, use, or structure.
(1)
Application shall be made for an occupancy permit prior to the issuance of any permit for major excavation or for excavation for, or erection of, a structure or part thereof.
(2)
Occupancy permit shall be required for a new or changed use of land and/or structure hereafter erected, structurally altered, or enlarged, or changed in use, or to a greater intensity of use, except for a sign meeting the requirements of this chapter which does not exceed three square feet in area.
(3)
Pursuant to the provisions hereof, an occupancy permit shall be required for the privilege of maintaining, renewing, changing, or extending, a nonconforming sign, use, or structure.
B.
Application. An occupancy permit shall be applied for:
(1)
Simultaneously with the application for a building permit. No permits for excavation for, or the erection of, any building or structure, a part of a building or structure, or for any alteration of, or repairs to, a building or structure that changes the type, character, or use of the building or structure to be altered or repaired, shall be issued before application has been made for certificate of occupancy.
(2)
At the time of a change in use of land or structure.
(3)
In the case of a nonconforming sign, use, or structure, immediately after the effective date of this chapter or any subsequent amendment thereto which creates such nonconformity.
C.
Plats required. All applications for occupancy permits shall be accompanied by a site plan, or plat, in triplicate.
(1)
Each site plan, or plat, shall be drawn to scale and have a North point; the size shall be determined by the Zoning Officer.
(2)
Each site plan, or plat, shall show:
(a)
The street providing access to the lot and the exact location of the lot in relation to the nearest cross street.
(b)
The name of the concerned lot plan, if any, and the lot numbers of the concerned and abutting properties.
(c)
The actual dimensions of the lot, the yard, and other open space dimensions thereof, and the location and size of any existing structure thereon.
(d)
The location and size of the proposed structure and/or the proposed enlargement or alteration of the existing structure; and
(e)
Any such other information which, in the judgment of the Zoning Officer, may be necessary to provide for the enforcement of these regulations.
(3)
Each site plan, or plat, shall bear statements declaring:
(a)
That no part of the land involved in the application has been previously used to provide required yard space or lot area for another structure; and
(b)
Which, if any, abutting land was formerly that of the owner of the land involved in the application and, if any, the approximate date of title transfer.
(4)
Where complete and accurate information is not readily available from existing records, the Zoning Officer may require the applicant to furnish a survey of the lot by a registered engineer or surveyor.
(5)
Each property owner or authorized agent shall be required to attest to the correctness of the statements and data furnished with the application.
(6)
A file of such applications and plats shall be kept in the office of the Zoning Officer.
D.
Issuance; temporary certificate of occupancy; fees.
(1)
An occupancy permit shall issue upon examination of the complete structure and certification by the Zoning Officer within 10 days after the erection or structural alterations of such structure shall have been completed in conformity with the provisions of this chapter; however, such occupancy permit shall be void if not exercised or renewed within six months of the date of issue. Pending the issuance of a regular occupancy permit, a temporary certificate of occupancy may be issued by the Zoning Officer for a period not exceeding six months during the completion of alterations or during partial occupancy of a structure, pending its completion. Such temporary certificate shall not be construed as altering the rights, duties, or obligations of either the owners or the Borough in respect to the use or occupancy of the premises in question or in any matter within the purview of this chapter. Such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure safety of the occupants.
(2)
If only a change in use of land or structure or a nonconforming sign, use, or structure, is involved, an occupancy permit shall issue immediately upon certification of the use by the Zoning Officer.
(3)
A fee may be charged for each occupancy permit and for each temporary certificate of occupancy issued hereunder. Such fee may be set from time to time by Council.
E.
Copies furnished. A file of occupancy permits shall be kept in the office of the Zoning Officer, a copy of the permit and accompanying plat shall be sent to the department when the permit is issued, and a copy shall be furnished, on request, to any person evidenced as having a proprietary or tenancy interest in the structure or land affected thereby. A nominal fee shall be charged for each such copy furnished.
§ 310-35 Permits previously issued; deferred; invalidated.
[Amended 9-12-1989 by Ord. No. 401]
A.
Previously authorized construction and use. At the effective date of this Article XI:
(1)
Any permit for construction or use that was issued within 60 days prior to the effective date of this article, or for a structure or use not in conformity with the provisions of this chapter, is hereby declared void if no substantial construction or substantial establishment under such permit has been effected, and if no contract or contracts for construction have been let.
(2)
Any structure for which a permit was obtained prior to the effective date of this Article XI and substantial construction of all or a portion of which was begun, or for which contract or contracts for construction have been let, may be completed and used in accordance with the plans on which such permit was granted.
B.
Applications for occupancy permits not accepted during consideration of zoning reclassification. During a period of two months from the date of introduction of any ordinance which proposes a zoning reclassification, unless Council shall have acted upon the ordinance within said two-month period, the Zoning Officer shall accept no applications for occupancy permits within the area involved in the proposed reclassification for any use which would be forbidden under the proposed ordinance.
C.
Approval or authorization invalidated.
(1)
After the Zoning Officer has approved the issuance of an occupancy permit for a use pursuant to the provisions hereof, or when the Board has authorized the issuance of an occupancy permit:
(a)
And said permit has not been lifted from the office of the Zoning Officer within 60 days after the date of said approval or authorization;
(b)
If the approved use involves physical improvement and such physical improvement has not been substantially started within six months after the date of said approval or authorization; or
(c)
If the approved use does not involve physical improvement and no utilization of said use has been made within six months after the date of said approval or authorization;
(2)
Then, said approval or authorization shall be null and void, unless extension is approved by the agency giving the original approval or authorization.
§ 310-36 Enforcement by Zoning Officer.
[Amended 9-12-1989 by Ord. No. 401]
A.
It shall be the duty of the Zoning Officer to enforce this chapter. He shall, on his own initiative or upon receipt of pertinent information, proceed to the remedy of violations. The provisions of this chapter shall supersede any permit or business license in conflict herewith and, in issuing permits, all departments, officials, and public employees of the Borough of Port Vue vested with the duty or authority to so issue, shall take cognizance of the provisions of this chapter.
B.
In the event of the failure to comply with an order issued pursuant to any section of this chapter, the Zoning Officer, with approval of Council, may institute appropriate actions or proceedings at law or in equity to restrain, correct, or abate the violation of the order. The Borough may recover the amount of the expense by action of assumpsit or, where appropriate, in the manner provided by law for the collection of municipal claims.
§ 310-37 Violations and penalties; remedies.
[Amended 9-12-1989 by Ord. No. 401; 5-30-1990 by Ord. No. 412; 11-9-1993 by Ord. No. 446]
It shall be unlawful to erect, construct, alter and maintain or use any building or structure or to use any land in violation of any provision of this chapter or amendment thereto.
A.
Causes of action. In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of any ordinance enacted under this chapter or prior enabling laws, the Council or, with the approval of the Council, an officer of the Borough, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Borough at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Council of the Borough. No such action may be maintained until such notice has been given.
B.
Jurisdiction. Magisterial District Judges shall have initial jurisdiction over proceedings brought under Subsection A(1).
C.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of any zoning ordinance enacted under this chapter or prior enabling laws shall, 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 attorney fees incurred by the Borough 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 Borough 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 the ordinance to have believed that there was so 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 zoning ordinances shall be paid over to the Borough whose ordinance has been violated.
(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 shall 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.
D.
Finances and expenditures.
(1)
The Council may appropriate funds to finance the preparation of zoning ordinances and shall appropriate funds for administration, for enforcement and for actions to support or oppose, upon appeal to the courts, decisions of the Zoning Hearing Board.
(2)
The Council shall make provisions in its budget and appropriate funds for the operation of the Zoning Hearing Board.
(3)
The Zoning Hearing Board may employ or contract for and fix the compensation of legal counsel, as the need arises. The legal counsel shall be an attorney other than the Borough Solicitor. The Board may also employ or contract for and fix the compensation of experts and other staff and may contract for services as it shall deem necessary. The compensation of legal counsel, experts and staff and the sums expended for services shall not exceed the amount appropriated by the Council for this use.
(4)
For the same purposes, the Council may accept gifts and grants of money and services from private sources and from the county, state and federal governments.
(5)
The Council may prescribe reasonable fees with respect to the administration of a zoning ordinance and with respect to hearings before the Zoning Hearing Board. Fees for these hearings may include compensation for the Secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
(6)
The minimum fee for any zoning hearing shall be $150.