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 the Borough's Zoning Ordinance,
the Borough Council or, with the approval of the Borough Council,
an officer of the Borough or any aggrieved owner or tenant of real
property who shows that his or her property or person will be substantially
affected by the alleged violation, in addition to other remedies,
may institute any appropriate legal 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 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.Â
If it appears to the Borough that a violation of the Zoning Ordinance
has occurred, the Borough shall initiate enforcement proceedings by
sending an enforcement notice as provided in this section.
B.Â
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.
C.Â
The enforcement notice shall state at least the following:
(1)Â
The name of the owner of record and any other person against
whom the Borough intends to take action.
(2)Â
The location of the property in violation.
(3)Â
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of the ordinance and the steps which must be taken to correct the
violation.
(4)Â
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)Â
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 this chapter; and 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 as described herein.
A.Â
Any person, partnership, or corporation who or which has violated
or permitted the violation of the provisions of the Borough Zoning
Ordinance 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.
B.Â
No judgment shall commence or be imposed, levied, or payable until
the date of the determination of a violation by the District Justice.
C.Â
If the defendant neither pays nor timely appeals the judgment, the
Borough may enforce the judgment pursuant to the applicable rules
of civil procedure.
D.Â
Each day that a violation continues shall constitute 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,
partnership, or corporation violating the ordinance 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 District Justice;
and thereafter each day that a violation continues shall constitute
a separate violation.
E.Â
All judgments, costs, and reasonable attorneys' fees collected for
the violation of the Zoning Ordinance shall be paid over to the Borough.
F.Â
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.
G.Â
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.
Charges for applications, permits, certificates, etc., shall
be as stated in resolutions adopted by the Borough Council in accordance
with applicable laws.
