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Borough of Franklin Park, PA
Allegheny County
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Where a provision of this chapter is found to be in conflict with a provision of any land use ordinance or code; applicable health, building, housing or safety regulation; or any other ordinance or resolution of the municipality existing on the effective date of this chapter or thereafter, or any regulation issued under the authority of any such code, regulation, ordinance or resolution, the provision which establishes the more-restrictive standard for the protection of the health, safety and welfare of the people shall prevail.
Pursuant to the provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10101 through 11202, as amended, the effective date of this chapter shall be the date on which Franklin Park Borough Council has formally adopted this chapter.[1]
[1]
Editor's Note: This chapter was adopted 3-20-2013.
A. 
Preventive remedies.
(1) 
In addition to other remedies, the Borough may institute and maintain appropriate actions at law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of any building, structure or premises.
(2) 
The description by metes and bounds in the instrument of transfer and other documents used in the process of selling or transferring shall not exempt the seller or transferor from any penalties or remedies herein provided.
(3) 
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. The authority to deny such permit or approval shall apply to any of the following applicants:
(a) 
The owner of record at the time of such violation.
(b) 
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.
(c) 
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.
(d) 
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.
(4) 
As an additional condition for issuance of a permit or for 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.
B. 
Enforcement remedies.
(1) 
Any person, partnership, corporation or other legal entities who or which have 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, be levied or be payable until the date of 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.
(2) 
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, corporation or other legal entities 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.
(3) 
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.
(4) 
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.