[Amended 1-20-2016 by Ord. No. 673; 12-2-2020 by Ord. No. 733]
A. Any person violating the provisions of this chapter shall be guilty
of a summary offense and upon conviction before a District Judge,
shall be subject to a fine of not less than $100 nor more than $1,000
for each violation, plus costs, together with reasonable attorney
fees; and, in default or failure of full and timely payment of such
fine, costs and fees, to a term of imprisonment not to exceed 90 days
or to a term of imprisonment to the extent permitted by law for the
punishment of violations of summary offenses, whichever is less. Each
day that a violation of this chapter continues or each section of
this chapter which shall be found to have been violated shall constitute
a separate offense. No judgment shall commence or be imposed, levied
or be payable until the date of the determination of a violation by
the magisterial district judge. Each day that the violation continues
shall be a separate offense.
[Amended 1-20-2016 by Ord. No. 673; 12-2-2020 by Ord. No. 733]
B. If the defendant neither pays nor timely appeals the judgment, the
municipality may enforce the judgment pursuant to applicable rules
of civil procedure.
[Amended 12-2-2020 by Ord. No. 733]
C. Each day that a violation continues shall constitute a separate violation
unless the magisterial district judge further determines that there
was a good faith basis for the person violating this chapter to have
believed that there was no such violation. In such case there shall
be deemed to have been only one such violation until the fifth-day
following the date of the district justice's determination of
the violation; thereafter each day that a violation continues shall
constitute a separate violation.
[Added 12-2-2020 by Ord.
No. 733]
D. All judgments, costs and reasonable attorney fees collected for the
violation of this chapter shall be paid over to the municipality.
[Added 12-2-2020 by Ord.
No. 733]
E. 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.
[Added 12-2-2020 by Ord.
No. 733]
F. 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.
[Added 12-2-2020 by Ord.
No. 733]
G. Each day that a violation of any provision of this chapter continues
shall constitute a separate violation and be deemed a public nuisance.
[Added 12-2-2020 by Ord.
No. 733]
H. In addition, the municipality, through its Solicitor, may institute
injunctive, mandamus or any other appropriate action or proceeding
at law or in equity for the enforcement of this chapter. Any court
of competent jurisdiction shall have the right to issue restraining
orders, temporary or permanent injunctions, mandamus or other appropriate
forms of remedy or relief.
[Added 12-2-2020 by Ord.
No. 733]
[Added 12-2-2020 by Ord. No. 733
A. In addition
to other remedies, the municipality may institute and maintain appropriate
actions by law or in equity to restrain, correct or abate a violation,
to prevent unlawful construction, to recover damages and to prevent
illegal occupancy of a building or premises.
B. In accordance
with the Municipalities Planning Code, 53 P.S. § 10101 et seq.,
the municipality may refuse to issue any permit or grant approval
to further improve or develop any property which has been developed
in violation of this chapter.