[Ord. 759, 3/8/1993, § 1101; as amended by Ord. 841, 12/19/2001]
The Town Council shall have the duty and authority for the administration and general enforcement of the provisions of this Chapter, as specified or implied herein.
Officials of the Town of Bloomsburg having regulatory duties and authorities connected with or appurtenant to the subdivision, use or development of land shall have the duty and authority for the controlling enforcement of the provisions of this Chapter, as specified or implied herein or in other ordinances of the Town.
Permits required by the Town of Bloomsburg for the erection or alteration of buildings, the installation of sewers or sewage disposal systems, or for other appurtenant improvements to or use of the land shall not be issued by any Town official responsible for such issuance until it has been ascertained that the site for such building, alteration, improvement or use is contained in a subdivision or land development plat approved and publicly recorded in accordance with the provisions of this Chapter.
Such permits shall be issued only after it has been determined that the site for such building, alteration, improvement or use conforms to the site description as indicated by the approved and recorded final plat or other land description acceptable in that it is in compliance with all applicable provisions of this Chapter.
The Town Zoning Officer shall require that the sewage module and/or applications for sewage disposal system permits contain all the information necessary to ascertain that the site for the proposed system is acceptable in accordance with the provisions of this Ordinance, the "Rules and Regulations of the Department of Environmental Protection, and the provisions of other applicable ordinances of the Town.
The approval of a subdivision or land development plat or of any improvement installed, or the granting of a permit for the erection or use of a building or land therein, shall not constitute a representation, guarantee or warranty of any kind or nature by the Town or any official, employee or appointee thereof of the safety of any land, improvement, property or use from any cause whatsoever, and shall create no liability upon, or a cause of action against the Town or such official, employee or appointee for any damage that may result pursuant thereto.
[Ord. 759, 3/8/1993, § 1102]
Amendments to this Chapter shall become effective only after a public hearing held pursuant to public notice as defined and in accordance with the Pennsylvania Municipalities Planning Code, Act 247, Article V, as amended.
[Ord. 759, 3/8/1993, § 1103]
The Town of Bloomsburg shall 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 document used in the process of selling or transferring shall not exempt the seller or transferror from such penalties or from the remedies herein provided.
The Town of Bloomsburg shall 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 herein. This authority to deny such a permit or approval shall apply to any of the following applicants:
The owner of record at the time of such violation.
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.
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.
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 Town shall 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.
[Ord. 759, 3/8/1993, § 1104]
District justices shall have initial jurisdiction in proceedings brought under § 22-1105 herein.
[Ord. 759, 3/8/1993, § 1105]
Any person, partnership or corporation who or which has violated the provisions of this Chapter herein shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Town of Bloomsburg, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Town 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 district justice. If the defendant neither pays nor timely appeals the judgment, the Town 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 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.
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.
Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the Town of Bloomsburg the right to commence any action for enforcement pursuant to this Section.