Wesleyville City Zoning Code
PART 5
ADMINISTRATION AND ENFORCEMENT
§ 27-501 Zoning Officer.
[Ord. No. 11/8/1989, 11/8/1989, § 501]
1.
Creation of Office. The office of Zoning Officer of the Borough of Wesleyville, Pennsylvania, is hereby created.
3.
Official Records. An official record shall be kept of all business of the Zoning Officer and shall be open to public inspection at appropriate times.
4.
Compensation of the Zoning Officer. The compensation of the Zoning Officer will be decided by the Borough Council.
§ 27-502 Duties and Powers of Zoning Officer.
[Ord. No. 11/8/1989, 11/8/1989, § 502]
1.
The Zoning Officer shall interpret and enforce all the regulations and provisions of this chapter.
A.
Applications, Permits and Certificates of Use and Occupancy. The Zoning Officer shall receive applications for and issue permits and certificates of use and occupancy.
B.
Right of Entry. The Zoning Officer shall have the authority to enter at any reasonable hour any structure and/or land in the Borough to enforce the provisions of this chapter. A letter of his authority shall be provided by Borough Council and shall be displayed for the purpose of identification.
§ 27-503 Application For Permit and Certificate Of Use and Occupancy.
[Ord. No. 11/8/1989, 11/8/1989, § 503]
1.
When Permit Is Required. It shall be unlawful to erect, enlarge, construct, reconstruct or structurally alter any building and/or other structure or change the use or 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 permit.
2.
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 permit is required until a certificate of use and occupancy for such building, 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 permit is filed with the Zoning Officer.
3.
Forms of Application. The application for a permit and a certificate of use and occupancy shall be submitted in such form as the Zoning Officer may prescribe and shall be accomplished by the required fee as established by the Borough Council.
4.
By Whom Application Is Made. Application for a permit and a certificate of use and occupancy shall be made by the owner or lessee of the building, other structure and/or land or agent of either or by the licensed contractor, engineer or architect employed in connection with the proposed work. If the application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner or the qualified person making the application that the proposed work is authorized to make such application. The full names and addresses of the owner, lessee, applicant and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.
5.
Description of Work. The application shall contain a general description of the proposed work, its location, the use and/or occupancy of all parts of the building, other structure, and of all portions of the site or lot not covered by the building and/or other structure and use of land, proposed parking and/or loading facilities if required herein and such additional information as may be required by the Zoning Officer.
6.
Plot Plan. There shall also be filed not less than one copy of a plot plan showing to scale at least the following: size and location of all the new construction and all existing buildings and/or other structures on the site; dimensions and area of the lot; distances from lot lines and the location and the established street grades; all existing, proposed, extended and/or new uses of buildings, other structures and/or land; proposed and existing parking and/or loading facilities if required herein, it shall be drawn in accordance with an accurate boundary line survey; and such additional information as may be required by the Zoning Officer. Where complete and accurate information is not readily available from existing records, the Zoning Officer may require an applicant to furnish a survey of the lot by a registered engineer or surveyor at the applicant's expense. Each applicant shall be required to attest to the correctness of the data and statements furnished in the application.
7.
Expiration of Permits. If work described in any permit has not begun within six months from the date of issuance, the permit shall expire and a written notice shall be given by the Zoning Officer to the persons affected. If work described in any permit has been substantially completed within one year of the date of issuance, the permit shall expire and written notice to that effect shall be given by the Zoning Officer to the persons affected. Work as described in the cancelled permit shall not proceed unless a new permit is obtained.
§ 27-504 Action On Permits And Certificates Of Use and Occupancy.
[Ord. No. 11/8/1989, 11/8/1989, § 504]
1.
Action on Application. The Zoning Officer shall act on all applications for a permit within 10 business days after filing. If the requirements of this chapter are satisfied, a permit shall be issued. Disapproval of a permit shall be in writing to the applicant.
2.
Posting a Permit. The permit issued by the Zoning Officer shall be posted at the work site until the permit expires or the certificate of use and occupancy is delivered.
3.
Revoking a Permit. The Zoning Officer may revoke an invalid permit if it is determined that any false statement or misrepresentation of fact was in the application for the permit.
4.
Action Upon Completion.
A.
Upon completion of the permitted work and prior to use and occupancy, the holder of the permit shall notify the Zoning Officer of such completion. Within 10 business days after receiving notice of completion, the Zoning Officer shall conduct a final inspection of all permitted structures and/or land. All violations of the permit and plans shall be recorded and presented, in writing, to the holder of the permit within 15 business days of receipt of notification of completion of work.
B.
If the Zoning Officer has determined that the completed work conforms with the issued permit and complies with this chapter, he shall issue a certificate of use and occupancy for the use indicated in the permit within 15 business days of notification of work.
§ 27-505 Fee Schedule.
[Ord. No. 11/8/1989, 11/8/1989, § 505 as amended by Ord. No. 01/13/99, 1/13/1999, §§ 1, 3]
No permit shall be issued until the applicant pays the respective fee prescribed by the Borough. A permit fee schedule shall be established by resolution of the Borough Council. At its 1999 organizational meeting, Wesleyville Borough Council shall adopt, by resolution, a comprehensive fee schedule establishing the amount of each fee for the calendar year of 1999. Thereafter, Wesleyville Borough Council shall at its regular June meetings adopt, by resolution, a comprehensive schedule establishing the amount of each fee to be effective from January 1 through December 31 of the following calendar year. A written summary of the comprehensive fee schedule shall be available to the general public at the Borough's office, located at 3421 Buffalo Road, Wesleyville, PA 16510.
§ 27-506 Notice Of Violation.
[Ord. No. 11/8/1989, 11/8/1989, § 506]
If the Zoning Officer shall find that any of the provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action and maximum number of days necessary to correct the violation. The notice shall include the fact that the recipient has the right to appeal to the Zoning Hearing Board within a prescribed period of time. This enforcement notice shall comply with Section 616.1 of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10616.1.
§ 27-507 Prosecution of Violators.
[Ord. No. 11/8/1989, 11/8/1989, § 507]
If the Notice of Violation is not complied with, the Zoning Officer has the authority to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his duties under this chapter. In addition, Borough Council may institute any appropriate action or proceeding under Section 617 of the Planning Code.[1] Enforcement remedies shall be initiated before the Magisterial District Judge of appropriate jurisdiction.
[1]
Editor's Note: See 53 P.S. § 10617.
§ 27-508 Violations and Penalties.
[Ord. No. 11/8/1989, 11/8/1989, § 508]
Any person who shall violate the provisions of this chapter and is convicted thereof in a summary proceeding shall be subject to a judgement as prescribed in Section 617.2 of the Planning Code.[1] All the costs associated with enforcement of this chapter over and above the permit fee shall be borne by the applicant or violator.
[1]
Editor's Note: See 53 P.S. § 0617.2.
§ 27-509 Stop-Work Order.
1.
Notice to Owner. Upon notice from the Zoning Officer that work on or use or occupancy of any building, other structure and/or land has been determined to be contrary to this chapter, such work shall be immediately stopped. The stop-work order shall be in writing to the owner of the property involved and shall state the conditions under which work or use be resumed.
2.
Conditions of Discontinued Work. Any person who has been served with a stop-work order or discontinues or abandons work shall not leave any building, other structure and/or land in such condition as to be a hazard to the public. The Zoning Officer shall have the authority to require that such building, other structure and/or land shall be put in such condition as he determines, and the work on it shall be at the full expense of the recipient of a stop-work order.