Where any building or structure is erected, reconstructed, converted
or maintained, or any building, structure or land is used in violation
of this chapter, the Enforcement Officer may in the name of the Borough
of Mount Pocono:
A. Institute any appropriate action or proceedings to prevent such unlawful
activity;
B. Restrain or abate such violation;
C. Prevent the occupancy of said building, structure or land or prevent
any illegal act, conduct, business or use in or about such premises.
Where it appears to the Borough of Mount Pocono that a violation
of any provisions of this chapter has occurred, the Enforcement Officer
shall initiate enforcement proceedings by sending an enforcement notice
as provided in this section.
A. Recipients. The enforcement notice shall be sent to the owner of
record of the land on which the violation has occurred, to any person
who has filed a written request to receive enforcement notices regarding
that parcel, and to any other person requested in writing by the owner
of record.
B. Contents. The enforcement notice shall state the following:
(1) The name of the owner of record and any other person against whom
the Borough of Mount Pocono intends to take action.
(2) The location of the property in violation.
(3) The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of the ordinance.
(4) The date before which the steps for compliance must be commenced
and the date before which steps must be completed.
(5) That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a prescribed period of time in accordance with
procedures set forth in the ordinance.
(6) That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
Where the notice of violation is not complied with in the time
period set forth in the notice, the Enforcement Officer shall order
the discontinuance of such unlawful use of land, structure, or building
involved in said violation.
Any person who shall violate the provisions of this chapter
shall, upon conviction in a summary proceeding, be sentenced to pay
a fine of not more than $500 plus all court costs, including reasonable
attorney fees incurred by the Borough of Mount Pocono as a result
thereof. If the defendant neither pays nor timely appeals the judgment,
the Borough of Mount Pocono may enforce the judgment pursuant to applicable
rules of civil procedure. Each day a violation continues constitutes
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 violating the ordinance to have believed
there was no such violation, in which event there shall be deemed
to have been only one such violation until the 5th 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 of Mount Pocono.
Any appeal from a decision or action of the Borough Council
or of any officer of the Borough of Mount Pocono in matters pertaining
to this chapter shall be made to the Zoning Hearing Board in the same
manner and within the same time limitations as is provided for zoning
appeals in Article IX of the Pennsylvania Municipalities Planning
Code, as amended.