Unless otherwise provided by law or in this
chapter, no building or structure shall be constructed, erected, or
extended, and no building, structure, or land shall be used or occupied,
except for the purposes permitted herein.
A.
If it appears that a violation of this chapter has
occurred, the Borough shall initiate enforcement proceedings by sending
an enforcement notice as provided herein. 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.
B.
The enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person
against whom the Borough 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 this chapter.
(4)
That the owner of record or other person against whom
the Borough intends to take action has 15 days from the date of notice
to commence steps to comply with this chapter and 30 days from the
date of notice within which to complete such steps to be in compliance
with this chapter, unless such times are extended in writing by the
Zoning Officer, for cause shown.
(5)
That the recipient of the notice has the right to
appeal to the Zoning Hearing Board within 30 days of the date of the
enforcement notice or not later that the expiration of any extension
granted, in writing, by the Zoning Officer.
(6)
That failure to comply with the notice within the
time specified, unless extended by appeal to the Zoning Hearing Board,
constitutes a violation.
In case any building, structure, landscaping,
or land is or is proposed to be erected, constructed, reconstructed,
altered, repaired, converted, or maintained, or used in violation
of this chapter, Borough Council, or the Zoning Officer, with the
approval of Borough Council, or any aggrieved owner or tenant of real
property who shows that his property or person will be substantially
affected by the alleged violation, in addition to other remedies,
may institute any appropriate action or proceedings to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use; to restrain, correct, or abate such
violation; to prevent the occupancy of said building, structure, or
land; or to prevent any illegal act, conduct, business, or use in
or about such premises. When such action is instituted by a landowner
or tenant, notice of that action shall be served upon the Borough
at least 30 days prior to the time the action is begun by serving
a copy of the complaint on the Borough Council. No such action may
be maintained until such notice has been given.
A.
Any person, partnership or corporation who or which
has violated or permitted the violation of 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 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 municipality 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. All judgments, costs
and reasonable attorney fees collected for the violation of this chapter
shall be paid over to the Borough.
B.
The Court of Common Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem fine 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.
