[Added 4-19-1994 by Ord. No. 69]
A. In addition to other remedies, the Borough of Bonneauville
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 Borough of Bonneauville 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. 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.
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 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.
[Amended 4-19-1994 by Ord. No. 69]
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
Borough of Bonneauville, pay a judgment of not more than $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 payable until the date of the determination of a violation
by the Magisterial District Judge. If the defendant neither pays nor
timely appeals the judgment, the Borough 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 Magisterial District Judge 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 Magisterial District
Judge 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 Borough
of Bonneauville the right to commence any action for enforcement pursuant
to this section.
D. Magisterial District Judges shall have initial jurisdiction
in proceedings brought under this section.
The modification or repeal of any prior ordinance,
resolution, or regulation by this chapter shall not annul or otherwise
relieve any party from any permit issued, condition imposed, approval
granted, approval denied, order issued, or violation, penalty or other
liability incurred pursuant to such affected ordinance, resolution
or regulation.
This chapter may be amended from time to time
by the Borough Council of the Borough of Bonneauville and such amendments
shall become effective only after a public hearing held pursuant to
public notice in the manner prescribed for enactment of a proposed
subdivision and land development ordinance by the Planing Code. In
addition, in case of an amendment other than that prepared by the
Planning Commission, the Borough Council shall submit each such amendment
to the Planning Commission for recommendations at least 30 days prior
to the date fixed for the public hearing on such proposed amendment.