Whenever there is a difference between minimum
standards or dimensions specified herein and those contained in other
official regulations, resolutions or ordinances of the Municipality,
the highest standards shall apply.
A.
In addition to other remedies, the Municipality may
initiate and maintain appropriate actions by law or in equity to restrain,
correct or abate violations; to prevent unlawful construction; to
recover damages; and to prevent illegal occupation of a building,
structure or premises. The description by metes and bounds in the
instrument of transfer or other documents used in the process of selling
or transferring shall not exempt the seller or transferor from such
penalties or from the remedies herein provided.
B.
Permits.
(1)
The Municipality may refuse to issue any permit
or grant any approval necessary to further improve or develop any
real property which has been developed or which has resulted from
a subdivision of real property in violation of any ordinance adopted
pursuant to this chapter. This authority to deny such a permit or
approval shall apply to any of the following applicants:
(a)
The owner of record at the time of such violation.
(b)
The vendee or lessee of the owner of record
at the time of such violation, without regard as to whether such vendee
or lessee had actual or constructive knowledge of the violation.
(c)
The current owner of record who acquired the
property subsequent to the time of violation, without regard as to
whether such current owner had actual or constructive knowledge of
the violation.
(d)
The vendee or lessee of the current owner of
record who acquired the property subsequent to the time of violation,
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
(2)
As an additional condition for issuance of a
permit or the granting of an approval to any such owner, current owner,
vendee or lessee for the development of any such real property, the
Municipality may require compliance with the conditions that would
have been applicable to the property at the time the applicant acquired
an interest in such real property.
A.
Any person, partnership or corporation who or which
has violated the provisions of this chapter, enacted under Act 170
of 1988[1] or prior enabling laws, shall, upon being found guilty
thereof in a civil enforcement proceeding commenced by the Municipality,
pay a judgment of not more than $500, plus all court costs, including
reasonable attorney fees incurred by the Municipality 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 Municipality 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
the 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 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. All judgments, costs
and reasonable attorney's fees collected for the violation of this
chapter shall be paid over to the municipal general revenue fund.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
The Court of Common Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per-diem judgment
pending a final adjudication of the violation and judgment.
C.
Nothing contained in this chapter shall be construed
or interpreted to grant to any person or entity other than the Municipality
the right to commence any action for enforcement pursuant to this
section.
In the case of amendments other than those prepared
by the Planning Commission, Council shall submit the proposed amendment
to the Planning Commission for recommendations at least 30 days prior
to the date fixed for the public hearing on the proposed amendment.
The proposed amendment shall be submitted to
the Westmoreland County Planning Office for review and recommendations
at least 30 days prior to Council's public hearing on the amendment.
Amendments to this chapter shall become effective
only after a public hearing conducted by Council which is held pursuant
to public notice, as defined herein.
A.
Proposed amendments shall not be enacted unless public
notice, as defined herein, of the proposed enactment is given, including
the time and place of the meeting at which passage will be considered
and a reference to a place within the Municipality where copies of
the proposed amendment may be examined without charge or obtained
for a charge not greater than the cost thereof.
B.
Council shall publish the proposed amendment once
in one newspaper of general circulation in the Municipality not more
than 60 days nor less than seven days prior to passage. Publication
of the proposed amendment shall include either the full text thereof
or the title and a brief summary prepared by the Municipal Solicitor
setting forth all the provisions in reasonable detail. If the full
text is not included:
(1)
A copy thereof shall be supplied to a newspaper
of general circulation in the Municipality at the time the public
notice is published.
(2)
An attested copy of the proposed amendment shall
be filed in the County Law Library or other County Clerk Office who
may impose a fee no greater than that necessary to cover the actual
costs of storing said ordinances.
(3)
In the event substantial amendments are made
in the proposed amendment, before voting upon enactment, Council shall,
at least 10 days prior to enactment, readvertise in one newspaper
of general circulation in the Municipality a brief summary setting
forth all the provisions in reasonable detail together with a summary
of the amendments.
(4)
Subdivision and land development amendments
may be incorporated into official ordinance books by reference with
the same force and effect as if duly recorded therein.
Within 30 days after adoption, the Director
of Community Development shall forward a certified copy of the amendment
to the Westmoreland County Planning Department.
Any party aggrieved by the decision of Council
regarding a subdivision or land development plan may appeal such decision
within 30 days of the date of entry of the decision of Council to
the Westmoreland County Court of Common Pleas.
A.
In addition to other remedies, the Municipality may
institute and maintain appropriate actions by law or in equity to
restrain, correct or abate violations, to prevent unlawful construction,
to recover damages and to prevent illegal occupancy of a building,
structure or premises. The description by metes and bounds in the
instrument of transfer or other documents used in the process of selling
or transferring shall not exempt the seller or transferor from such
penalties or from the remedies herein provided.
B.
The Municipality may refuse to issue any permit or
grant any approval necessary to further improve or develop any real
property which has been developed or which has resulted from a subdivision
of real property in violation of this chapter. The authority to deny
such a permit or approval shall apply to any of the following applicants:
(1)
The owner of record at the time of such violation.
(2)
The vendee or lessee of the owner of record
at the time of such violation without regard as to whether such vendee
or lessee had actual or constructive knowledge of the violation.
(3)
The current owner of record who acquired the
property subsequent to the time of violation without regard as to
whether such current owner had actual or constructive knowledge of
the violation.
(4)
The vendee or lessee of the current owner of
record who acquired the property subsequent to the time of violation
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
C.
As an additional condition for issuance of a permit
or the granting of an approval to any such owner, current owner, vendee
or lessee for the development of any such real property, the Municipality
may require compliance with the conditions that would have been applicable
to the property at the time the applicant acquired an interest in
such real property.
A.
Any person, partnership or corporation who or which
has violated the provisions of this chapter shall, upon being found
liable therefor in a civil enforcement proceeding commenced by the
Municipality, pay a judgment of not more than $500 plus all court
costs, including reasonable attorney's fees incurred by the Municipality
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 timely appeals
the judgment, the Municipality 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 judgment
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 Municipality
the right to commence any action for enforcement pursuant to this
section.
Whenever there is a difference between a minimum
standard or dimension specified in this chapter and those contained
in another official regulation, resolution or ordinance of the Municipality
or any other restriction or covenant, the most restrictive standard
shall apply. If a question of conflict arises between various portions
of this chapter, the most restrictive term shall apply.
Adoption of this chapter effectively repeals
Ordinance No. 70-71 and all subsequent amendments thereto.
This chapter shall become effective immediately
upon enactment by Council of the Municipality of Murrysville.
