The Borough Council shall appoint the Zoning
Officer, who shall administer and enforce the provisions of this chapter
and the requirements of the Pennsylvania Municipalities Planning Code.
The Zoning Officer shall literally interpret
and enforce all the provisions of this chapter and shall have such
duties and powers as are conferred by this chapter and are reasonably
implied.
A. Applications; zoning certificates; building permits;
inspections. The Zoning Officer shall receive applications for zoning
certificates and building permits and make all inspections in accordance
with the provisions of this chapter.
B. Inspections. The Zoning Officer may examine or cause
to be examined all structures and/or land for which an application
has been filed for a zoning certificate or building permit and may
conduct such inspections, from time to time, during and at the completion
of the work for which a zoning certificate has been issued.
C. Nonconforming uses. The Zoning Officer shall issue
certificates of nonconformity upon request when the applicant produces
satisfactory proof of the same. If a request for nonconformity is
not proven by objective evidence, it shall be denied, and the applicant
shall have the right to appeal the same to the Zoning Hearing Board.
[Amended 2-5-1996 by Ord. No. 420]
The applicant for a building permit shall apply
also for a zoning certificate as required by this chapter.
[Amended 2-5-1996 by Ord. No. 420]
A. Enforcement notice. When it appears to the Borough
and/or the Zoning Officer that a violation has occurred, the Zoning
Officer shall send an enforcement notice. The enforcement notice shall
be sent to the owner of record of the parcel on which the violation
has occurred, to any person who has filed a written request to receive
enforcement notices regarding the parcel and to any other person requested
in writing by the owner of record. The enforcement notice shall state
the following:
(1) The name of the owner of record and any other person
against whom the Borough 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.
B. Causes of action. In case any building, structure,
landscaping or land is or is proposed to be erected, constructed,
reconstructed, altered, converted, maintained or used in violation
of this chapter, the Borough, the Zoning Officer of the Borough or
any aggrieved owner or tenant of real property who shows that his
property or person will be substantially affected by the alleged violation,
in addition to other remedies, may institute any appropriate action
or proceeding to prevent, restrain, correct or abate such building,
structure, landscaping 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 Borough at least 30 days prior to
the time the action is begun by serving a copy of the complaint on
the Borough Council of the Borough of New Wilmington. No such action
may be maintained until such notice has been given.
C. Jurisdiction. District Justices shall have initial
jurisdiction over proceedings brought under this section.
D. Enforcement remedies. Any person, partnership or corporation
who or which has violated or permitted the violation of the provisions
of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Borough, pay a judgment of
not more than $500, plus all court costs, including reasonable attorney
fees incurred by the Borough as a result thereof. No judgment shall
commence or be imposed, levied or payable until the date of the determination
of a violation by the District Justice. If the defendant neither pays
nor timely appeals the judgment, the Borough may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that
a violation continues shall constitute a separate violation, unless
the District Justice determining that there has been a violation further
determines that there was a good faith basis for the person, partnership
or corporation violating this chapter to have believed that there
was no such violation, in which event there shall be deemed to have
been only one such violation until the fifth day following the date
of the determination of a violation continues shall constitute a separate
violation by the District Justice and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of zoning
chapters shall be paid over to the Borough. Nothing contained in this
section shall be construed or interpreted to grant any person or entity,
other than the Borough and its Zoning Officer, the right to commence
any action for enforcement pursuant to this section.
The procedure and time limitations for appeal
from any ordinance, decision, determination or order of the Borough
Council, Zoning Officer, Zoning Hearing Board or other applicable
agency or officer of the municipality, in the enactment or administration
of this chapter, shall be in conformance with the provisions of the
Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended).