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]
A. 
Requirements. Until the Zoning Officer has issued a zoning certificate applicable thereto, no person shall:
(1) 
Occupy or use any vacant land.
(2) 
Occupy or use any structure hereafter constructed, reconstructed, moved, altered or enlarged.
(3) 
Change the use of a structure or land to a different use.
(4) 
Change a nonconforming use.
B. 
Expiration of zoning certificate. The zoning certificate shall expire one year from the date of its issuance.
[Amended 10-4-2004 by Ord. No. 476]
C. 
Application and fees. Each applicant for a zoning certificate shall present with the application a plan of the property showing, clearly and completely, the location, dimensions and nature of any structure involved and such other information as the Zoning Officer may require so as to comply with this chapter, together with a filing fee in accordance with the schedule of the same as fixed annually by the Borough Council.
D. 
Records. The Zoning Officer shall maintain a permanent file of all zoning certificates and applications as public records.
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).