A.   Appointment. This chapter shall be administered and enforcement actions undertaken by an agent of the City to be appointed by the Mayor, with the approval of City Council; who shall be known as the Zoning Administrator. The terms "Zoning Administrator" and "Zoning Officer" shall have the same meaning. The Director of the Department of Community Development, or his/her successor, may designate a City employee or employees to serve as Assistant Zoning Officer(s) who shall exercise all the powers of the Zoning Administrator at such times or for such matters as the Zoning Administrator indicates and/or during the absence of the Zoning Administrator. Such Assistant Zoning Officers shall include the Zoning Inspector and Zoning Technician or their successor positions.

   B.   Duties. The Zoning Administrator shall:

      (1)   Administer this chapter in accordance with its literal terms.

      (2)   Be available to register nonconforming lots, uses, and structures, upon request of the owner or lessee.

      (3)   Receive and examine all applications required under this chapter.

      (4)   Issue or refuse permits after receiving a complete application, except as specifically provided in this chapter.

      (5)   Prepare agendas, schedules and information packets for Zoning Hearing Board meetings.

      (6)   Receive complaints of violations of this chapter.

      (7)   Issue an enforcement notice to any person violating any provision of this chapter, and institute civil enforcement proceedings as a means of enforcing this chapter, as hereinafter set forth.

      (8)   Keep records of applications and permits issued for actions of the Zoning Hearing Board, complaints received, inspections made, reports rendered, and notice or orders issued. Such records shall be and are the property of the City, and shall be available for the use of the Zoning Hearing Board, City Council, other City officials and staff, and City residents.

      (9)   Make all required inspections and perform all other duties as called for in this chapter.

      (10)   Have the authority to enter, at any reasonable hour, any structure, premises or land in the City to enforce the provisions of this chapter, within the limitations of state law. If refused entry, the Zoning Administrator shall have the authority to seek an administrative warrant.

      (11)   Complete such other roles as provided in this chapter.

      (12)   In accordance with Chapter 308, Housing, of the Code of the City of Reading, as amended, 1 the Zoning Administrator shall be empowered to perform the duties described and imposed therein. [Added 10-24-2011 by Ord. No. 53-2011]

      (13)   Have the authority to enforce the Historic District Ordinance. [Added 12-16-2013 by Ord. No. 83-20132]

   C.   Conflicts. The Zoning Administrator shall not hold any elective office within the City.

   D.   Qualifications. The Zoning Administrator shall demonstrate a working knowledge of municipal zoning and shall meet all qualifications established by the Mayor and City Council.

   E.   Limitations of authority. The Zoning Administrator shall not have the power to permit any construction, use or change of use that does not conform to this chapter.

   F.   Stop-work orders.

      (1)   Upon notice from the Zoning Administrator that work on or use or occupancy of any structure, sign, land or premises is conducted contrary to the provisions of this chapter, the Zoning Administrator may require that such work shall be stopped immediately. The stop-work order shall be served to the owner of record of the property, or to the designated owner's agent, by certified mail and be posted on the property.

      (2)   Any person who authorizes or continues any work, use or occupancy in or about any structure, sign, land or premises after having been served with a stop-work order, except such work as is directed by the City to be performed, shall be in violation of this chapter and subject to the penalties as set forth in § 600-206 hereof.

      (3)   Any person who has been served with a stop-work order or discontinues or abandons work shall not leave any structure, sign, land or premises in such condition as to be hazardous to the public health, safety and welfare. In the event any structure, sign, land or premises is abandoned or left in a condition which, in the opinion of the Zoning Administrator, constitutes a hazard to the public health, safety and welfare, the Zoning Administrator may declare the same to be a nuisance. Such hazard shall thereafter be abated as permitted by statute or ordinance.

   G.   Relief from personal responsibility. The Zoning Administrator or any employee charged with the enforcement of this chapter, while acting in such capacity, shall not be personally liable for any actions, effects, consequences or results undertaken in furtherance of the provisions of this chapter. Additionally, the Zoning Administrator shall be indemnified against any cost and/or damage occurred as a result of the execution of his or her official duties. Any suit instituted against the Zoning Administrator or any employee because of an act performed in the lawful discharge of his or her duties pursuant to the chapter in good faith and without malice shall be defended by the legal representative of the City and all costs associated with such action or actions shall be borne by the City.

   A.   City Council shall appropriate from general funds monies to finance the preparation, administration and enforcement of this chapter, to finance the work of the Zoning Hearing Board, and to support or oppose, upon appeal to the courts, decisions of the Zoning Hearing Board. For the same purposes, City Council may accept gifts and grants of money and services from private sources and from county, state and federal governments which are not prejudicial to the fair and impartial enforcement and administration hereof.

   B.   City Council shall prescribe reasonable fees to be charged with respect to the administration of this chapter and all applications filed hereunder.

   A.   All persons or entities desiring to undertake any new construction, structural or site alteration, razing, grading or changes in the use of a structure or lot shall apply to the Zoning Administrator for a zoning permit by completing the appropriate application form and by paying all required fees. No application shall be accepted or deemed complete until all forms, materials and plans are filed and any fees are fully paid.

   B.   The Zoning Administrator shall, as applicable:

      (1)   Issue the zoning permit;

      (2)   Require submittal of additional information;

      (3)   Refuse the permit, indicating in writing the reason therefor; and/or

      (4)   Defer his or her decision until such time as the required approvals of City Council or the Zoning Hearing Board are rendered.

   C.   If a request for a permit is denied or deferred, or a determination is made by the Zoning Administrator, the applicant may appeal that action to the Zoning Hearing Board in accordance with the provisions of this section.

   D.   Until a permit is issued, no construction shall be undertaken, and any construction that has occurred prior to the issuance of the permit shall, if requested by the Zoning Administrator, be removed.

   E.   If a permit has been issued, the action proposed may be undertaken. It is recommended, however, that applicants wait 30 days to begin construction if there is a possibility of an appeal by another party to have the permit or approval revoked.

   F.   Prior to occupancy, the applicant shall apply to the Building Inspector for a certificate of occupancy (where such is required under Chapter 180, Construction Codes).

   A.   If it appears to the Zoning Administrator that a violation of any provision of this chapter has occurred, an investigation shall occur. The Zoning Administrator shall then initiate enforcement proceedings against a violation by sending an enforcement notice as provided in this section. Prior to sending a formal enforcement notice, the Zoning Administrator may seek compliance in a less formal manner.

   B.   The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to a known occupant involved in a violation (if different from the owner), or to any person who has filed a written request to receive enforcement notices regarding that property.

   C.   An enforcement notice shall state at least the following:

      (1)   The name of the owner of record and any other person known by the Zoning Administrator to be involved in the violation.

      (2)   The location of the property in violation.

      (3)   The specific violation(s), with a description of the requirements that 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 in writing to the Zoning Hearing Board within 30 days of receipt of the notice.

   D.   Any person who authorizes or continues any work, use or occupancy in any structure, sign, land or premises after having been served with an enforcement notice, except such work as is directed by the City to be performed, shall be in violation of this chapter and subject to the remedies set forth in §§ 600-205 and 600-206 hereof.

   E.   Any person who has been served with an enforcement notice or discontinues or abandons work shall not leave any structure, sign, land or premises in such condition as to be hazardous to the public health, safety and welfare. In the event any structure, building, sign, land or premises is abandoned or left in a condition which, in the opinion of the Zoning Administrator, constitutes a hazard to the public health, safety and welfare, the Zoning Administrator may declare the same to be a nuisance. Such hazard shall, thereafter, be abated as permitted by statute, ordinance or law.

   F.   In any appeal of an enforcement notice to the Zoning Hearing Board, the City shall have the responsibility of presenting its evidence first.

   G.   Any filing fee paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the City if the Zoning Hearing Board or any court in a subsequent appeal rules in the appealing party's favor.

In the event any structure, or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of any provision of this chapter, the City, through its designated staff, or any aggrieved owner or tenant of real property who can show that his or her property or person will be substantially affected by the alleged violation, may institute any appropriate legal, equitable or otherwise, action or proceeding to prevent, restrain, correct or abate such building, structure, 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 Zoning Administrator with a copy of the complaint thereon at least 30 days prior to the time the action is begun. No such action may be maintained until such notice has been given.

Any person, partnership or corporation who or which has violated or permitted the violation of any of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding, pay a judgment of not less than $100, and not more than $500, plus all court costs, including reasonable attorney fees incurred by the City as a result thereof. No judgment shall commence or be imposed, levied or be 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 City may enforce the judgment pursuant to the applicable rules of civil procedure. 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 City of Reading. This chapter does not authorize imprisonment.