Building Inspections and Codes Enforcement

What is Code Enforcement?

Code Enforcement is an important function local governments perform for accomplishing community wide goals. Code Enforcement helps empower the citizens of their community to create and maintain safe, healthy and attractive living and working environments. The aim is to help improve neighborhoods and economic conditions so that the community is known as a good place to live, raise families, work and retire in.

Some may view code enforcement as an annoying intrusion into the free use of private property. Traditionally, code enforcement is a process whereby local governments use various techniques to work with the community to gain compliance with duly-adopted regulations such as land use ordinances, health and housing codes, sign standards, building and fire codes.

Contemporary code enforcement involves local enforcement officials in the job of ensuring compliance with policies, codes, rules, regulations and permits in a proper, timely fashion within the limits of the law. Consequently, enforcement officials must be fully acquainted with the adoption process and the thinking behind the regulations they enforce as well as the legal limits placed on them. Conversely, those who write the laws must understand the problems particular to enforcement and administration as the codes and regulations are implemented.

Definitions:

Public Nuisance: Is an act or process that interferes with a community’s enjoyment of a land, area or region. It may include anything that disturbs the health and safety of a community, and can also include things that are not particularly unsafe or unhealthy, but annoy the general public and keep people from being comfortable in a community.

Deleterious Object: Anything injurious, or with reasonable potential to become injurious to the health, safety or welfare of any persons.

Solid Waste: Garbage, refuse, rubbish hazardous waste, dead animals, sludge, liquid or semi-liquid waste, and other spent, useless or worthless or discarded materials.

Weeds: Vegetation that has become a fire hazard, vegetation that is noxious, a nuisance or dangerous. Grasses, stubble, brush, clippings and cuttings that endanger the health and safety by creating a fire hazard; insect, rodent or other vermin harborage, or other nuisance.

Outdoor Storage: The keeping of any personal property, equipment, materials, products, junk, trash or materials that is not entirely contained within a structure.

Junk: Any scrap, waste, reclaimable material or debris whether or not stored or used in conjunction with dismantling, processing, salvage, storage, disposal or other use or disposition. Junk includes, but is not limited to tires, furniture tools, paper, rags, plastics, cordage scrap iron or other metal, glass, building materials, machinery and appliances or parts thereof, brush, wood and lumber, solid waste and vehicles and parts thereof.

Preservation of Existing Provisions

All building code ordinances or portions of ordinances which were adopted by the Township on or before July 1, 1999 and which equal or exceed the requirements of the PA U.C.C. shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the PA U.C.C., as amended form time to time. Provisions continuing in effect which exceed the requirements of the PA U.C.C include the following:

Each building permit shall be valid for one calendar year from the date of its issuance. Any construction not completed within one calendar year will require a renewal building permit. A renewal permit shall expire after one calendar year from the date of its issuance. Antis Township Code Chapter 66, Para.66.15.A(2)

Nuisance Abatement

Nuisance abatement is a growing concern within policing and code enforcement. The term refers to using building codes, fire codes and local ordinances in order to improve the quality of life and resolve life safety issues within neighborhoods. Nuisance abatement ordinances are most often a component of problem oriented or community policing programs.

Compliance Procedure

Notice of Ordinance Violation

A notice is a letter sent by certified mail advising the property owner of an apparent violation on the property. The notice indicates which ordinance has been violated and a copy of the ordinance is included. This notice simply states what action needs to be taken by the property owner to come into compliance and a time frame from the date the notice is received. A reasonable extension of time can be granted on an individual basis, if requested, and the code officer observes that the owner is making an honest attempt to gain compliance.

If an inspection, by the Code Officer, reveals that no attempt has been made to remove the violation, formal enforcement is instituted by way of citations to the District Justice for disposition.

“Red Tag” Ordinance

An “on site” inspection is made by the Code Officer and the Township Manager. If in agreement, the Code Officer will send a “letter of inquiry” to the property owner, by certified mail, stating the deficiencies that have been observed and that he/she have a thirty (30) day “grace period” to respond to the letter “in writing”. If the Code Officer does not receive a reply to his letter, the officer will present his findings in a report to the Board of Supervisors at the next scheduled meeting stating in what respect the structure is dangerous and if it is capable of being repaired or should be demolished. If the Board is in agreement with the officers findings, then written notice by certified mail is issued to the owner to appear before the Board on a date specified in the notice to show cause why the structure should not be repaired, vacated or demolished. The Board will issue an order based on said findings and advise the owner that the provisions as stated in the notice are justified and should proceed accordingly. In addition the structure or building shall be placarded with a “RED TAG” notice as set forth in the ordinance. To view a copy of the ordinance Please Click Here.

“Stop Work” Order

A building code official may issue a written stop work order when it is determined that construction violates the PA UCC, being performed in a dangerous or unsafe manor or that no permit has been issued for the work. The stop work order shall contain the reasons for the order, and list the required conditions for construction to resume. The building code official shall serve the stop work order on the permit owner, or the owner’s agent by certified mail or personal service.