[Amended 10-23-1990 by Ord. No. 669; 2-22-2011 by Ord. No. 980]
(See Chapter 77, Uniform Construction Code Department, of the Borough Code.)
The Planning Board, in reviewing conditional use applications, shall use the guiding principles and standards set forth in Article VIII to determine that the proposed use will not be detrimental to the health, safety and general welfare of the Borough, and is deemed necessary for the applicant's purposes.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements adopted for the promotion
of the public health, morals, safety or the general welfare. Wherever
the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations or ordinances, the
more restrictive, or that imposing the higher standards, shall govern.
In case any building or structure is erected, constructed, altered,
repaired, converted or maintained or any building, structure or land
is used in violation of this chapter, the proper local authorities
as contained herein or an interested party may institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
to restrain, correct or abate such violation, to prevent the occupancy
of said building, structure or land or to prevent any illegal act,
conduct, business or use in or about such premises. Each and every
day such violation continues after the expiration of an abatement
notice or after initial construction, as the case may be, shall be
deemed a separate and distinct violation.
[Amended 1-22-2019 by Ord. No. 2019-19]
A.
The owner or user of any building or structure, lot or land or part
thereof, who is in violation of this chapter, and any architect, builder,
contractor, agent, person or corporation employed in connection therewith
who assists in the commission of such violation shall each be guilty
of a separate violation thereof.
B.
Any person or entity who shall violate the terms and provisions of
this chapter shall, upon conviction thereof, be subject to a combination
of the following: a fine not exceeding $1,000, imprisonment not to
exceed 90 days or a period of community service not exceeding 90 days.
Each day upon which a violation continues shall constitute a separate
offense.
C.
In addition to the remedies provided for in this section, should
an owner, operator or occupant of any premises fail to comply with
any order and/or directive of the Zoning Officer within 10 days after
notice of such violation, the Zoning Officer may cause such condition
to be remedied. In such case, the Zoning Officer may cause such remediation
by retaining the services of a contractor, in accordance with applicable
laws, and the cost of such remediation shall be paid by the Borough.
The expenses incurred by the Borough shall become a charge or lien
on such lands and shall be added to and become and form a part of
the taxes to be assessed and levied upon such lands and shall bear
interest at the same rate as taxes and shall be collected and enforced
in the same manner.
