The Borough Council may, from time to time, amend this chapter, including the Zoning Map.
Before voting on the enactment of any amendment, the Council
shall hold a public hearing thereon, pursuant to public notice. "Public
notice," as used in this section, shall mean that the first publication
shall be not more than 30 days and not less than 14 days in advance
of the hearing. Such notice shall be published once each week for
two successive weeks in a newspaper of general circulation in the
Borough. Such notice shall state the time and place of the hearing
and the particular nature of the matter to be considered at the hearing.
If, after any public hearing held upon an amendment, the proposed
amendment is revised or further revised to include land previously
not affected by it, the Council shall hold another public hearing,
pursuant to public notice, before proceeding to vote on the amendment.
A landowner who desires to challenge on substantive grounds
the validity of this chapter or any part hereof that prohibits the
use or development of land in which he has an interest may submit
a curative amendment to the Borough Council with a written request
for hearing. Borough Council shall commence a hearing thereon within
60 days of the submission of a properly completed request following
procedures outlined in 53 P.S. § 10609.1 and 53 P.S. 10916.1,
of the Pennsylvania Municipalities Planning Code, as amended.
In the case of an amendment other than one prepared by the Planning
Commission, the Borough Council shall submit each such amendment to
the Bucks County Planning Commission at least 30 days prior to the
hearing, in order to provide the Planning Commission an opportunity
to submit recommendations.
Any person, partnership or corporation who or which has violated
or permitted the violation of this chapter shall, upon being found
liable therefor in a civil enforcement proceeding, pay a judgment
of not more than $500 plus all court costs, including reasonable attorneys'
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 the 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.
In case any building, structure or land is, or is proposed to
be, erected, constructed, reconstructed, altered, converted, maintained
or used in violation of any of the provisions of this chapter, the
Council or an officer of the Borough with the approval of the Council,
in addition to other remedies, may institute in the name of the Borough
any appropriate action or proceedings to prevent, restrain, correct
or abate such building, structure or land, or to prevent, in or about
such premises, any act, conduct, business or use constituting a violation.
Whenever a violation of this chapter occurs, any resident, tenant
or property owner within the Borough of Penndel may file a written
complaint with the Zoning Officer in regard thereto. The Zoning Officer
shall promptly investigate all complaints and report thereon to the
Borough Council.
