The provisions of this chapter shall be enforced by an agent,
to be appointed by the Borough Council, who shall be known as the
Zoning Officer. He/she shall receive such fees or compensation as
approved by resolution of the Borough Council. The Zoning Officer
shall not hold any elective office within the Borough. No zoning permit
or zoning certificate of use and occupancy shall be granted by him/her
for any purpose, except in compliance with the literal provisions
of this chapter. The Zoning Officer is authorized to institute civil
enforcement proceedings as a means of enforcement when acting within
his/her scope of employment.
A. Duties and responsibilities. The duties and the responsibilities
of the Zoning Officer shall be:
(1)
Process applications. To receive, examine and process all zoning
permit and certificate of use applications as provided by the terms
of this chapter. The Zoning Officer shall also issue zoning permits
for special exception and conditional uses, or for variances after
the same have been approved.
(2)
Maintain official records. To maintain and be responsible for
all pertinent records on zoning matters in the Borough. These records
shall include, but not be limited to, all applications received, copies
of all zoning permits and certificates of use and occupancy issued,
copies of orders and findings of the Zoning Hearing Board, written
complaints of alleged violations, records of all inspections made,
a current copy of the Zoning Ordinance, and all amending ordinances,
the Official Zoning Map, and all other pertinent information. The
records of this office shall be available for the use of the Borough
government and for inspection of any interested party during normal
office hours. The Zoning Officer shall submit to the Borough Council
a written statement of all permits and certificates of use and occupancy
issued and violations and stop-work orders recommended or promulgated
on a quarterly basis.
(3)
Inspections. Before issuing any zoning permit or zoning certificate
of use and occupancy at his/her discretion, to inspect or cause to
be inspected all buildings, structures, signs, or land and portions
thereof for which an application has been filed for a zoning permit
or a zoning certificate of use and occupancy. Thereafter, he/she may
make such inspections during the completion of the work for which
a zoning permit has been issued. Upon completion of such work and
before issuing a zoning certificate of use and occupancy, a final
inspection shall be made and all violations of the approved plans
or zoning permit shall be noted and the holder of the zoning permit
shall be notified of the discrepancies. The Zoning Officer shall have
the right to enter any building or structure or enter upon any land
at any reasonable hour in the course of his/her duties to inspect
properties to determine compliance with all provisions of this chapter,
as well as conditions attached to the approval of variances, special
exceptions, conditional uses, and curative amendments.
(4)
Inspect and/or register nonconformities. Upon request by a landowner
and/or the direction of the Borough Council, to inspect nonconforming
uses, structures and lots, and to keep a filed record of such nonconforming
uses and structures, together with the reasons why the Zoning Officer
identified them as nonconformities, as a public record and to examine
them periodically, with the view of eliminating the nonconforming
uses under the existing laws and regulations.
(5)
Assist local officials. Upon the request of the Borough Council,
Planning Commission or the Zoning Hearing Board, present to such bodies
facts, records, and any similar information on specific requests,
to assist such bodies in reaching their decisions.
(6)
Maintain up-to-date ordinance. To be responsible for keeping
this chapter and the Official Zoning Map up-to-date, including any
amendments thereto;
(7)
Preliminary opinion. To render a preliminary opinion regarding
a proposed land use in accordance with Section 916.2. of the MPC.
(8)
Investigate complaints. When in receipt of a verbal, written,
anonymous or non-anonymous complaint stating fully the cause and basis
thereof, to investigate alleged violations of this chapter. Said investigation
shall be completed within 15 days of said complaint. A written report
of all investigations of this chapter shall be prepared and filed
by the Zoning Officer. If after the investigation the Zoning Officer
determines that a violation has occurred, he/she shall take action
as provided for by this chapter.
(9)
Prosecute violations. To institute civil enforcement proceedings
as a means of enforcement when anyone undertakes deliberate actions
that are contrary to the terms of the chapter, and any conditions
placed upon the approval of special exceptions, variances and conditional
uses or any other approvals authorized under this chapter.
B. Violations. Failure to secure a zoning permit prior to a change in
use of land or structure, or the erection, construction or alteration
of any structure or portion thereof, shall be a violation of this
chapter. It shall also be a violation of this chapter to undertake
other deliberate actions which are contrary to the terms of the chapter,
and any conditions placed upon the approval of special exceptions,
variances and conditional uses. Each day that a violation is continued
shall constitute a separate offense.
C. Enforcement notice. If it appears to the Borough that a violation
of this chapter, has occurred, the Borough shall initiate enforcement
proceedings by sending an enforcement notice, as provided in the following:
(1)
The enforcement notice shall be sent to the owner of record
of the parcel 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.
(2)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other person against
whom the Borough intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of the requirements
that have not been met, citing in each instance the applicable provisions
of the chapter.
(d)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(e)
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 MPC.
(f)
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.
D. Enforcement remedies; violations and penalties. Any person, partnership
or corporation who, or which, has violated or permitted the violation
of the provisions of this chapter enacted under the MPC, or prior
enabling laws, 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 attorney
fees incurred by the Borough as a result thereof. No judgment shall
commence or be imposed, levied or be 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. All judgments,
costs and reasonable attorney fees collected for the violation of
the Zoning Ordinance shall be paid over to the Borough.
E. Causes of action. In case any building, structure, landscaping, or
land is, or is proposed to be, erected, constructed, reconstructed,
altered, converted, maintained, or used in violation of this chapter
enacted under the MPC, or prior enabling laws, the governing body
or, with the approval of the governing body, an officer of the municipality,
or any aggrieved owner or tenant of real property who shows that his/her
property or person will be substantially affected by the alleged violations,
in addition to other remedies, may institute any appropriate action
or proceeding to prevent, restrain, correct, or abate such building,
structure, landscaping, or land, or to prevent, in or about such premises,
any act, conduct, business, or use constituting a violation. When
any such action is instituted by a landowner or tenant, notice of
that action shall be served upon the municipality at least 30 days
prior to the time the action is begun, by serving a copy of the complaint
on the governing body of the municipality. No such action may be maintained
until such notice has been given.
Proceedings for securing review of any ordinance or of any decision,
determination, or order of the Borough Council, their agencies, the
Zoning Hearing Board, or the Zoning Officer issued pursuant to this
chapter shall be in accordance with Article X-A of the MPC.
Except as otherwise required by law, this chapter is intended
as a continuation of, and not a repeal of, existing regulations governing
the subject matter. To the extent that this chapter restates regulations
contained in ordinances previously enacted by the Borough this chapter
shall be considered a restatement and not a repeal of such regulations.
It is the specific intent of the Borough Council that all provisions
of this chapter shall be considered in full force and effect as of
the date such regulations were initially enacted. All ordinances or
parts of ordinances inconsistent with the provisions of this chapter
are hereby repealed. It is expressly provided that the provisions
of this chapter shall not affect any act done, contract executed or
liability incurred prior to its effective date, or affect any suit
or prosecution pending or to be instituted to enforce any rights,
rule, regulation or ordinance, or part thereof, or to punish any violation
which occurred under any prior zoning regulation or ordinance. In
the event any violation has occurred under any prior zoning regulation
or ordinance, prosecution may be initiated against the alleged offender
pursuant to the provisions of said prior zoning regulation or ordinance,
and the provisions and penalties provided in said prior zoning regulation
or ordinance shall remain effective as to said violation.