The Borough Council shall appoint the Zoning Officer who shall
administer and enforce the provisions of this chapter.
The Zoning Officer shall enforce all the provisions of this
chapter and shall have such duties and powers as are conferred on
him or her by this chapter and are reasonably implied for the purpose.
A.
Applications, zoning certificates, building permits, and inspection.
He/she shall receive applications for zoning certificates and building
permits and make all inspection in accordance with the provisions
of this chapter.
B.
Inspection. The Zoning Officer may examine or cause to be examined
all structures and/or land for which an application has been filed
for zoning certificates, and he/she may conduct such inspections from
time to time during and at completion of the work for which a zoning
certificate has been issued.
C.
Nonconforming uses. The Zoning Officer shall keep an up-to-date list
of all nonconforming uses.
A.
Requirements. Until the Zoning Officer has issued a zoning certificate
applicable thereto, no person shall:
B.
Expiration of zoning certificate. The zoning certificate shall expire
six months from the date of its issuance.
C.
Application and fees. Each applicant for a zoning certificate shall
present, with the application, a plot plan showing clearly and completely
the location, dimensions, and nature of any structures involved and
such other information as the Zoning Officer may require as to compliance
with this chapter, together with an application fee in accordance
with a schedule affixed by resolution of the Borough Council.
A.
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 this section.
B.
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.
An 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)
The date before which the steps for compliance must be commenced,
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a period of 10 days.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with the possible sanctions clearly described.
A.
Any person, partnership, or corporation who or which has violated
or permitted the violation of the provision of this chapter or prior
enabling laws shall, upon being found liable therefor in a civil enforcement
proceeding commenced by the Borough, pay 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 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. 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 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 herein shall be interpreted to limit the authority of the
Borough to revoke an approval previously granted for a violation of
this chapter, which right is expressly reserved.
D.
Nothing contained in this section shall prohibit or prevent the Zoning
Officer, or anyone else, from seeking other legal remedies for civil
zoning infractions such as injunctions or criminal prosecutions.
