[Amended 10-9-1991 by Ord. No. 497]
A.
For the administration of this chapter, a Zoning Officer,
who shall not hold any elective office in the Borough of Leetsdale,
shall be appointed.
B.
The Zoning Officer shall meet the qualifications established
by the Borough of Leetsdale and shall be able to demonstrate to the
satisfaction of the Borough a working knowledge of municipal zoning.
C.
The Zoning Officer shall administer this chapter in
accordance with its literal terms, and shall not have the power to
permit any construction or any use or change of use which does not
conform to this chapter.
D.
The Zoning Officer is hereby authorized to institute
civil enforcement proceedings as a means of enforcement when acting
within the scope of his employment.
E.
Administer and enforce the provisions of this chapter
according with its literal sense.
F.
Issue zoning certificates and building permits.
G.
Maintain a permanent file of all zoning certificates
and applications as public records.
A building permit shall be issued only if:
B.
Applications for a zoning certificate shall be accompanied
by a plot plan showing clearly and completely the location, dimensions
and nature of any structure involved and such other information as
the Zoning Officer may require for administration of this chapter,
together with a filing fee in accordance with a schedule annually
affixed by resolution of the Borough.
[Added 10-9-1991 by Ord. No. 497]
A.
If it appears to the Borough of Leetsdale that a violation
of this chapter has occurred, the Borough of Leetsdale shall initiate
enforcement proceedings by sending an enforcement notice as provided
in this section.
B.
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 that parcel, and to any other person requested in writing
by the owner of record.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person
against whom the Borough of Leetsdale 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 period of 10 days.
(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.
[Added 10-9-1991 by Ord. No. 497]
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 Council or, with the approval of the Borough Council,
an officer of the Borough of Leetsdale, 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 of Leetsdale at least 30 days prior to the
time the action is begun by serving a copy of the complaint on the
Borough Council. No such action may be maintained until such notice
has been given.
[Amended 10-9-1991 by Ord. No. 497]
A.
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 of Leetsdale, pay a judgment of
not more than $500 plus all court costs, including reasonable attorney
fees incurred by the Borough of Leetsdale 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 of Leetsdale 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
by the District Justice and thereafter each day that a violation continues
shall constitute a separate violation.
B.
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.
C.
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the Borough
of Leetsdale the right to commence any action for enforcement pursuant
to this section.
D.
District Justices shall have initial jurisdiction
over proceedings brought under this section.
