In case any building, structure, landscaping,
or land is, or is proposed to be, erected, constructed, reconstructed,
altered, converted, maintained, used or occupied in violation of any
of the provisions of this chapter, the Borough Council, or with the
approval of the 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, many institute any appropriate action or proceeding
to prevent, restrain, correct, or abate such building, structure,
landscaping, or use of land, or to prevent, in or about such premises,
any act, conduct, business, or use constituting a violation. When
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. No such action may be maintained until such notice
has been given.
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 that
$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 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. All judgments, costs and reasonable attorney
fees collected for the violation of this chapter shall be paid over
to the Borough. 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. Nothing contained
in this section shall be construed or interpreted to grant to any
person or entity other than the Borough the right to commence any
action for enforcement pursuant to this section.
The provisions of this chapter, so far as they
are the same as those of ordinances in force immediately prior to
the enactment of this chapter, are intended as a continuation of such
ordinances. The provisions of this chapter shall not affect any act
done or liability incurred nor shall they affect any suit or prosecution
pending or to be instituted to enforce any right or penalty or to
punish any offense under the authority of any ordinance repealed by
this chapter.
The existing zoning ordinance, entitled the
"New Hope Borough Zoning Ordinance" and all supplements and amendments
thereto, are hereby repealed; however, if the present chapter is held
to be ineffective or invalid by reason of some irregularity in or
impediment to its passage, this repealer shall also be ineffective
as aforesaid. Then and in that event, the Zoning Ordinance of 1981,
together with its supplements and amendments, would necessarily remain
in full force and effect.
