Yeadon City Zoning Code
ARTICLE II
Administration, Enforcement and Penalty
§ 300-6 Authority of Code Enforcement Officer; purpose.
A.
The duty of administering and enforcing this chapter is hereby conferred upon the Code Enforcement Officer. The Code Enforcement Officer shall administer this chapter in accordance with its provisions and expressed legislative intent, and shall not have the power to permit any construction or use or change of use which does not conform to this chapter.
B.
It is the purpose of this article to prescribe the procedures by which the administration of this chapter shall take place. Nothing contained within this article shall be interpreted as limiting the adoption of administrative regulations which do not supersede required stated procedures.
§ 300-7 Duties of Code Enforcement Officer.
The duties of the Code Enforcement Officer shall be as follows:
A.
Examine all applications for permits;
B.
Issue permits for construction and uses which are in accordance with this chapter and other applicable ordinances;
C.
Record and file all applications for permits with the accompanying site plans, plot plans or development plans of the entire property being considered, drawn to a reasonable scale and showing the location of all abutting streets, the location of all existing and proposed structures, the types of buildings and the uses proposed, with eight copies of such plans submitted;
D.
Issue permits for uses and construction by special exception and variance only after such uses and buildings are approved by the Zoning Hearing Board in accordance with this chapter;
E.
Receive all required fees;
F.
Issue all necessary stop orders where it is determined that the terms of this chapter or the conditions for issuing the permit are being violated;
G.
Inspect regularly all areas of the Borough to determine that there are no blatant violations of this chapter and review the validity of any reported zoning violations;
H.
Inventory nonconforming uses, structures and signs, keep a filed record of such nonconforming uses and buildings as a public record and examine them periodically; and
I.
Upon the specific request of Council or the Zoning Hearing Board, present to either or both of such bodies such facts, records and similar information as will assist Council or the Board in reaching its final decision.
§ 300-8 Complaints of violations; records and investigations.
Whenever a violation of this chapter is alleged to have occurred, any person may file a written and signed complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Code Enforcement Officer. He or she shall record promptly such complaint and immediately investigate and take action thereon as provided in this chapter.
§ 300-9 Notice of violations; stop orders.
If the Code Enforcement Officer finds that any provision of this chapter is being violated, he or she shall notify, in writing, the person responsible for such violation and order the action necessary to correct it. Where the violation threatens the public health, safety or general welfare, he or she shall issue an immediate stop order, which may be followed by a citation.
§ 300-10 Issuance of permits; compliance with chapter required.
No permit of any kind as provided for in this chapter shall be granted by the Code Enforcement Officer for any purpose, except in compliance with this chapter or a decision of the Zoning Hearing Board or a court of competent jurisdiction.
§ 300-11 Equitable remedies.
If any building, structure or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, Council and the Code Enforcement Officer, in addition to other remedies, may institute in the name of the Borough any appropriate 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.
§ 300-12 Permit requirements.
A.
Required. A permit shall be required prior to the erection or alteration of any building, structure or portion thereof, including signs, prior to the use or change in use of a building or land and prior to the change or extension of a nonconforming use.
B.
Applications. Applications for permits shall be made to the Code Enforcement Officer on such forms as may be furnished by the Borough. Each application shall contain all information necessary to ascertain whether or not the proposed erection, alteration, use or change in use complies with this chapter.
C.
Issuance.
(1)
No building or use permit shall be issued until the Code Enforcement Officer has certified that the proposed building or alteration and the proposed use of the property complies with this chapter.
(2)
Permits shall be granted or refused within 30 days after the date of application. In case of refusal, the applicant shall be informed of his or her right to appeal to the Zoning Hearing Board.
D.
Expiration. Permits for the erection, razing, change, alteration or removal of any building shall be valid or effective for a period of six months from the date of issuance thereof and shall thereafter be void, unless the work authorized by such a permit has been substantially commenced within that period and continues with due diligence from that time forward. In no event shall a zoning permit be construed to authorize development activities for more than a three-year period of time, after which time a new zoning permit must be sought. If, however, the applicant has been delayed in proceeding with the work for which the permit was granted for reasons beyond his or her control and demonstrably not due to his or her own negligence, then, at the discretion of the Code Enforcement Officer, the permit may be renewed without additional cost to the applicant.
§ 300-13 Certificates of occupancy.
A.
Upon completion of the erection and alteration of any building or portion thereof authorized by any permit obtained in compliance with this chapter, or upon transfer of ownership of any property and prior to occupancy or use, the holder of the permit or transferor of the property shall notify the Code Enforcement Officer of completion of the erection or alteration of the building or intent to transfer the property.
B.
No permit shall be considered complete or permanently effective, nor shall any building be occupied or lot used, until the Code Enforcement Officer has issued a certificate of occupancy certifying that the work has been inspected and approved as being in conformity with the permit and the provisions of this chapter and the applicable ordinances of the Borough.
C.
No certificate of occupancy may be issued for the transfer of property prior to full compliance with all Borough ordinances, including those specifically referenced in this section.
D.
In order to satisfy the requirements necessary for the issuance of a certificate of occupancy, the property in question must comply with all applicable provisions of this Code, including, without limitation, the BOCA National Building Code of 1993[1] and all subsequent amendments and revisions, and the BOCA National Property Maintenance Code of 1993 and all subsequent amendments and revisions. The specific requirements which must be met by these codes include, without limitation:
(1)
Curb replacement.
(2)
Sidewalk replacement.
(3)
Driveway depression and aprons replacement.
(4)
Common alleys replacement.
(5)
Sewer vent and curb trap.
(6)
Electrical certification.
(7)
Smoke detectors.
(8)
Street number.
(9)
Plumbing fixtures, low flush.
(10)
Sump pumps.
(11)
Heating system certification.
(12)
Roof certification.
(13)
Handrail.
(14)
Rodent and pest controls.
(15)
Shade trees (including removal, replacement and stump removal).
(16)
Rain conductors.
(17)
Chimney certification.
§ 300-14 Temporary permits for nonconforming structures or uses.
A temporary permit may be authorized by the Zoning Hearing Board as a special exception for a nonconforming structure or use which it deems beneficial to the public health, safety or general welfare or which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Borough. Such a permit shall be issued for a specified period of time, not exceeding six calendar months, and may be renewed for an aggregate period of not more than two years.
§ 300-15 Fees. [1]
A.
Fees required in the administration of this chapter shall be paid in accordance with the building code or with a fee schedule adopted by Council and shall be paid into the Borough Treasury. Each applicant for a permit, appeal, special exception, variance or amendment shall, at the time of making application, pay the fee as established, which fee must be reasonably related to the cost of administration and of advertising, mailing notices and transcribing testimony.
B.
Zoning permits awarded via special exceptions and variance procedures shall be issued only after all applicable fees have been paid in full, and the Zoning Hearing Board shall take no action until preliminary charges have been paid in full.
§ 300-16 Rules for filing applications; costs of hearings.
A.
The Zoning Hearing Board shall make rules as to the manner of filing an appeal or an application for a special exception or a variance from the provisions of this chapter.
B.
Whenever any person applies to the Board for a hearing permitted under this article, he or she shall submit with his or her application and other required documents the sum of $500, which sum shall be used to pay any and all expenses of such hearing, including, but not limited to, the cost of advertising, the cost of posting notices, the cost of notes of testimony and the solicitor's fee. If the costs of such hearing are anticipated to be in excess of such sum, such person shall immediately deposit the excess sum of money upon demand. Such hearing or continued hearing will not be held and will be continued until such excess sum of money is deposited. Upon the entry of an opinion and order of the Board, the applicant shall receive an itemized bill of all costs and shall receive a check for the balance of any moneys deposited over and above the total amount of the itemized costs.
§ 300-17 Amendments.
A.
Generally. The regulations, restrictions, boundaries and requirements set forth in this chapter may be amended, supplemented, changed or repealed by Council by amending this chapter in accordance with Article VI of the Pennsylvania Municipalities Planning Code,[1] as amended, and this section.
[1]
Editor's Note: See 53 P.S. § 10601 et seq.
B.
Procedures.
(1)
Amendments by Council. Council, by ordinance adopted at a public meeting, shall fix the time and place of a public hearing on a proposed amendment and shall cause notice thereof to be given as follows:
(a)
By publishing a notice thereof once a week for two successive weeks in one newspaper of general circulation in the Borough; and
(b)
By mailing a notice thereof to every resident or association of residents of the Borough who or which has registered their names and addresses for this purpose with the Zoning Hearing Board. The notice shall state the general nature of the proposed amendment.
(2)
Amendments by citizens' petition. Whenever the owners of 50% or more of the frontage in any district or part thereof, wherein a change of zoning regulations is sought, present to Council a petition duly signed and acknowledged requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for such district or of the Zoning Map, including such district or part thereof, Council shall hold a public hearing thereon and cause notice thereof to be given in the manner prescribed in Subsection B(1) hereof. Petitioners to Council for the amendment, supplement, change or modification of this chapter shall, upon the filing of such petition, pay the appropriate fees established by the Borough for each petition to cover the appropriate cost.
(3)
Submission to County Planning Department. Council shall forward a copy of the proposed amendment, supplement, change, modification or repeal to the County Planning Department at least 30 days prior to the public hearing by Council, for the recommendations of such Department.
§ 300-18 Violations and penalties.
For a violation of any of the provisions of this chapter, for which no penalty is otherwise provided, the owner, general agent or contractor of a building or premises where such violation has been committed or exists, and the lessee or tenant of an entire building or entire premises where such violation has been committed or exists, and the owner, general agent, contractor or lessee of any part of a building or premises in which part such violation has been committed or exists, and the general agent, architect, builder, contractor or other person who knowingly commits, takes part in or assists in such violation, or who maintains any building or premises in which any such violation exists, shall be fined not more than $500 for each offense. Whenever such person has been officially notified by the Code Enforcement Officer, or by service of summons in a prosecution, or in any other official manner, that he or she is committing a violation, a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Such fines or penalties shall be collected as like fines or penalties are collected by the Borough.