The Borough Council shall establish, by resolution,
a collection procedure and schedule of fees to be paid by the developer
at the time of the filing of preliminary and final subdivision, consolidation
and land development applications, for development agreements, recording
fees and inspection of improvements and any other necessary and reasonable
fees required to administer this chapter.
A.
Enforcement remedies. 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 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. Each day that a violation continues shall constitute
a separate offense. The procedure for imposition of liability in a
civil enforcement proceeding shall be as set forth in the MPC. A civil
enforcement proceeding may be initiated by the Zoning Officer without
prior consent of the Borough Council.
B.
Preventive remedies. In addition to other remedies,
the Borough may institute and maintain appropriate actions at 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.
C.
The Borough may refuse to issue any permit or grant
any approval necessary to further improve or develop any real property
which has been developed or consolidated or which has resulted from
a subdivision of real property in violation of this chapter. This
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. 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 Borough 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.
Whenever any provision of this chapter is at
variance with another lawfully adopted rule, regulation, ordinance,
restriction or covenant, that which imposes the most restrictive requirement
shall govern.