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A. 
Zoning Officer.
(1) 
The Zoning Officer is responsible for administration and enforcement of this chapter.
(2) 
The Zoning Officer must keep a record of all applications for permits and a record of all permits issued, with a notation of all special conditions imposed on such permits. All plans and documents filed in connection with any application must be made a part of the records of the zoning office.
B. 
Zoning Hearing Board.
(1) 
Establishment. A Zoning Hearing Board is hereby established. The Board must consist of three members, all of whom are to be appointed by the Mayor for a term of three years, with the advice and consent of City Council. The present members of the Zoning Hearing Board continue in office until their terms expire.
(a) 
The City Council may remove any member of the Zoning Hearing Board for just cause, after a public hearing. Vacancies are to be filled for the remainder of the unexpired term by appointment of the Mayor, with the advice and consent of City Council.
(b) 
The Zoning Hearing Board must elect its own officers and formulate its own rules of procedure to carry out the Board's responsibilities under this chapter.
(2) 
Meetings. Meetings of the Zoning Hearing Board are to be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson or, in their absence, the acting Chairperson is authorized to administer oaths and compel the attendance of witnesses. All hearings of the Zoning Hearing Board must be open to the public. The Board must keep minutes of its proceedings, showing the vote of each member upon each question, or if a member is absent or fails to vote, indicating such fact.
(3) 
Records. The Zoning Hearing Board must keep records of its examinations and other official actions. Every rule or regulation, every amendment or appeal thereof and every order, requirement, decision or determination of the Zoning Hearing Board must immediately be filed in the Zoning Office and be a public record.
(4) 
Alternative members. Three alternative members of the Zoning Hearing Board are to be appointed by the Mayor for a term of three years, with the advice and consent of City Council. Alternate members of the Zoning Hearing Board are authorized to perform the duties of a regular member, when it is found that regular members of the Board cannot perform due to absence or disqualification and a quorum is not reached, or as otherwise provided by the Municipalities Planning Code.[1]
(a) 
The Chairperson of the Zoning Hearing Board is authorized to designate as many of the three alternate members to sit on the Board as may be needed to provide a quorum, or as is otherwise provided by the Municipalities Planning Code.
(b) 
Alternate members of the Zoning Hearing Board must continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination on the matter or case. Designation of an alternate member pursuant to this section must be made on a case-by-case basis in rotation according to declining seniority among the alternate members.
(c) 
The Zoning Hearing Board is authorized to appoint any of its own members or an independent attorney to act as a hearing officer to conduct any hearing on the Board's behalf. When a hearing officer has been appointed, parties may waive further action by the Zoning Hearing Board as provided in Section 908 of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10908.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(5) 
Compensation. Each regular and alternate member of the Zoning Hearing Board will be compensated in the sum of $35 for attendance at each officially convened hearing of the Board, unless such compensation is revised by resolution of City Council. Compensation must be paid monthly by the City, upon receipt of certificates from the Secretary of the Zoning Hearing Board setting forth the dates on which the Board was in session, including the names of those members actually present at the times indicated in the Secretary's certificates.
(6) 
Jurisdiction. The Zoning Hearing Board has jurisdiction to hear and render decisions on all matters assigned to the Board under this chapter, including the following:
(a) 
Substantive challenges (landowner curative amendments) to the validity of this chapter, except those brought before the City Council pursuant to Sections 609.1 and 916.1(a)(2) of the Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1(a)(2).
(b) 
Challenges to the validity of this chapter raising procedural questions or alleged defects in the process of enactment or adoption. Such challenges must be brought by an appeal taken within 30 days after the effective date of this chapter.
(c) 
Appeals from the determination of the Zoning Officer, including but not limited to the granting or denial of any permit, or failure to act on the permit application, and the issuance of any cease and desist order.
(d) 
Appeals from a determination by the City Engineer, the Building Officer, or the Floodplain Manager in their administration and enforcement of the City's flood control regulations.
(e) 
Applications for variances from the terms of this chapter or the flood control regulations.
(f) 
Applications for special exceptions under this chapter or the flood control regulations pursuant to Section 912.1 of the Municipalities Planning Code.[4]
[4]
Editor's Note: See 53 P.S. § 10912.1.
(g) 
Applications for temporary use permits for buildings, structures, or uses that are deemed beneficial to the public health and necessary to the public welfare, provided that temporary use permits for construction and real estate offices may be issued by the Zoning Officer.
(h) 
Appeals from a determination of the Zoning Officer or City Engineer in the administration and enforcement of this chapter or land development regulations with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development applications not involving Article V or Article VII of the Municipalities Planning Code.[5]
[5]
Editor's Note: See 53 P.S. § 10501 et seq. and 53 P.S. § 10701 et seq., respectively.
A. 
Enforcement authority. The Zoning Officer is responsible for enforcing the provisions of this chapter.
B. 
Actions for compliance.
(1) 
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, the Zoning Officer, in addition to other remedies, may institute in the name of the City 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.
(2) 
The Zoning Officer is expressly authorized to order:
(a) 
Discontinuance of any illegal use of land, buildings or structures;
(b) 
Removal of illegal buildings or structures or of illegal additions, alterations or structural changes;
(c) 
Discontinuance of any illegal work being done; or
(d) 
Other action authorized by this chapter to ensure compliance with or prevent violation of this chapter's provisions.
C. 
Revocation of permits.
(1) 
The Zoning Officer is authorized to cancel, revoke, withhold, or suspend a permit issued under the provisions of this chapter in the case of one or more of the following:
(a) 
A false statement or misrepresentation of facts was used to obtain the permit;
(b) 
The permit was issued in error;
(c) 
Any condition imposed by the Zoning Hearing Board upon a special exception or variance is being violated; or
(d) 
Work is being carried out in violation of applicable provisions of this chapter or in violation of approved site plan or approved permit.
(2) 
Written notice of revocation must be served upon the owner, the owner's agent or contractor, or upon any person employed in the building or structure for which such permit was issued. If no persons can reasonably be served with notice, the notice must be posted in a prominent location.
(3) 
Appeals of revocation decisions may be taken to the Zoning Hearing Board in accordance with the appeal procedures of § 660-121.
D. 
Penalties.
(1) 
Any person, partnership or corporation that violates the provisions of this chapter, or a prior City zoning ordinance then in effect, must, upon being found liable in a civil enforcement proceeding commenced by the City, pay a judgment of not more than $500, plus all court costs, plus reasonable attorney fees incurred by the City.
(2) 
Each day that a violation is continued constitutes a separate offense.
E. 
Notice of violations. Upon finding that any of the provisions of this chapter are being violated, the Zoning Officer must provide written notice to the person responsible for such violation. The written enforcement notice must meet the requirements of the Municipalities Planning Code[1] and include the following:
(1) 
The name of the owner of record and any other person against whom the municipality intends to take action.
(2) 
The location of the property in violation.
(3) 
The specific violation with a description of the requirements which 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 to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this chapter.
(6) 
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
(7) 
In any appeal of an enforcement notice to the Zoning Hearing Board, the municipality shall have the responsibility of presenting its evidence first.
(8) 
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 municipality if the Zoning Hearing Board or any court in a subsequent appeal rules in the appealing party's favor.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.