[Added 10-19-1992 by Ord. No. 615]
A.
In addition to other remedies, the Borough 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 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 10-19-1992 by Ord. No. 615]
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, 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
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 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.
