[Ord. 738, 8/18/2009]
A.Â
Enforcement Notice. The enforcement notice shall contain the following
information:
(1)Â
The name of the owner of record and any other person against
whom the municipality intends to take action.
(2)Â
The location of the lot in violation.
(3)Â
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this Ordinance.
(4)Â
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)Â
That the recipient of the notice has the right to appeal to
the applicable Borough Zoning Hearing Board within a prescribed period
of time in accordance with procedures set forth in this Ordinance.
(6)Â
That failure to comply with the notice within the time specified,
unless extended by appeal to the applicable Zoning Hearing Board,
constitutes a violation, with possible sanctions clearly described.
B.Â
Enforcement Remedies.
(1)Â
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this Ordinance shall,
upon being found liable therefore in a civil enforcement proceeding
commenced by the applicable 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 be payable until the date of the determination
of a violation by the District Justice. If the defendant neither pays
nor appeals the judgment in a timely manner, 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 was a good faith
basis for the person, partnership or corporation violating this Ordinance
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
5th day following the date of the determination of a 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 this Ordinance shall
be paid over to the applicable Borough.
(2)Â
The Court of Common Pleas, upon petition, may grant an order
of stay, upon cause shown, tolling the per diem fine pending a final
adjudication of the violation and judgment.
(3)Â
Nothing contained in this paragraph shall be construed or interpreted
to grant to any person or entity other than the applicable Borough
the right to commence any action for enforcement pursuant to this
paragraph.
C.Â
Other Remedies. 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 Ordinance, the
applicable Borough Council, or with the approval of the applicable
Borough Council, an 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 municipality at least 30 days prior to the time the
action is begun by serving a copy of the complaint on the Council
of the municipality. No such action may be maintained until such notice
has been given.
