[Ord. 2-89, 4/4/1989, § 301]
The provisions of this Chapter shall apply to all buildings, structures, uses, land and all accessory buildings, structures and uses. Nothing in this Chapter shall require any change in plans or construction of a use of which a building permit has been heretofore issued prior to the effective date of this Chapter.
[Ord. 2-89, 4/4/1989; as added by Ord. 6-2003, 9/2/2003, § 1]
1. 
If it appears to the Borough that a violation of this Chapter or prior enabling laws has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this Section.
2. 
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.
3. 
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 which have not been met, citing in each instance the applicable provisions of this 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 period of 10 days.
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.
4. 
In any appeal of an enforcement notice to the Zoning Hearing Board the Borough shall have the responsibility of presenting its evidence first.
5. 
Any filing fees paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Borough if the Zoning Hearing Board, or any court in a subsequent appeal, rules in the appealing party's favor.
[Ord. 2-89, 4/4/1989, § 302; as amended by Ord. 6-2003, 9/2/2003, § 1]
1. 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Chapter shall, in a civil enforcement proceeding commenced by the Borough found being 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 the determination of the violation by the district justice. 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 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 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 district justice, 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 of Biglerville.
2. 
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.
3. 
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.
4. 
District justices shall have initial jurisdiction in proceedings brought under this Section.
[Ord. 2-89, 4/4/1989, § 303; as amended by Ord. 6-2003, 9/2/2003, § 1]
In case any building, structure or land is or is proposed to be erected, constructed, reconstructed, altered, covered, maintained or used in violation of this Chapter, the Borough Council, or the Zoning Officer of the Borough, with the approval of the Council, may institute in the name of Biglerville Borough any appropriate action or proceedings to prevent, restrain, correct or abate such building, structure or land or to prevent in or about such premises, any act, conduct, business or use constituting a violation.
[Ord. 2-89, 4/4/1989, § 304; as amended by Ord. 6-2003, 9/2/2003, § 1]
For the administration of this Chapter, a Zoning Officer shall be appointed who shall not hold any elective office in the Borough. The Zoning Officer shall administer and enforce the zoning ordinance in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this Chapter. The Zoning Officer may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of their employment.
[Ord. 2-89, 4/4/1989, § 305; as amended by Ord. 3-2003, 5/5/2002]
It shall be the duty of the Zoning Officer to:
A. 
Receive and review all applications for building permits.
B. 
Receive appeals and applications for conditional uses and variances and forward them to Borough Council or the Zoning Hearing Board, as appropriate.
C. 
Issue permits only where there is compliance with the provisions of this Chapter and with the laws of the Commonwealth. Permits for construction of uses requiring a variance shall be issued only upon order of the Zoning Hearing Board. Permits requiring a conditional use approval shall be issued only upon order of the Borough Council.
D. 
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this Chapter.
E. 
Issue stop, cease and desist orders and order in writing by certified mail or served personally upon persons, firms or corporations deemed by the Zoning Officer to be violating the terms of this Chapter directing them to correct all conditions found in violation. If any such person or persons does not comply with the written notice of violation within five days of receipt, the Zoning Officer shall notify the Borough Council for their action.
F. 
With the approval of the Borough Council, or when directed by them, institute in the name of the Borough any appropriate action or proceedings to prevent the unlawful erection construction, reconstruction, alteration, repair, conversion, demolition, maintenance or use of any building or structure, to restrain, correct or abate such violation, so as to prevent the occupancy or use of any building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
G. 
Revoke, by order, a building permit issued under a mistake of fact or contrary to the law or the provisions of this Chapter.
H. 
Record and file all applications and plans for permits and the action taken thereon. All applications, plans and documents shall be a public record.
I. 
Maintain a map or maps showing the current zoning districts and overlay areas for all the land within the Borough. Upon request, the Zoning Officer shall make determinations of any Zoning Map district boundary question. Such determination may be appealed to the Zoning Hearing Board.
J. 
Upon the request of the Borough Council, Planning Committee or Zoning Hearing Board, present facts, records or information to assist them in making decisions.
K. 
The global change where the word permit is used shall be a change from "permit" to "zoning permit" and the fee shall be in an amount to be established, from time to time, by resolution of the Borough Council per application. This is an application fee. This fee is nonrefundable and does not guarantee approval of the application.
[Ord. 2-89, 4/4/1989, § 306; as amended by Ord. 3-2003, 5/5/2003]
The building permit shall be obtained from Pennsylvania Association of Boroughs (PSAB) or any other organization ordained by the Borough Council that meets the requirements of the Statewide building code.
[Ord. 2-89, 4/4/1989, § 307]
The Zoning Officer shall not issue a building permit for the erection, construction, reconstruction or alteration of a building in a subdivision of land development prior to the final approval of the subdivision and/or land development plan in compliance with whatever Subdivision and Land Development Ordinance is in force at the time, and recording of the plan with the Adams County Recorder of Deeds.