All of the enforcement, violations and penalty provisions of
the Municipalities Planning Code or this chapter, as amended, are
hereby incorporated into this chapter by reference.
A. Violations. Any person who shall commit or who shall permit any of
the following actions violates this chapter:
(1) Failure to comply with any requirements of this chapter;
(2) Failure to secure a zoning permit prior to a change in use of land
or structure, or the erection, construction or alteration of any structure
or portion thereof, or the excavation of land to prepare for the erection,
construction or alteration of any structure or portion thereof;
(3) Placement of false statements on or omitting relevant information
from an application for a zoning permit;
(4) Undertaking any action in a manner which does not comply with a zoning
permit;
(5) Violation of any condition imposed by a decision of the Zoning Hearing
Board; and
(6) Violation of any condition imposed by a decision of the Borough Council
in granting a conditional use.
B. Enforcement notice. If the Borough or Zoning Officer believes, upon
complaint or investigation, that a violation of any provision of the
MPC regulations or this chapter has occurred, the Borough shall initiate
enforcement proceedings by sending an enforcement notice as provided
in § 616.1 of the Municipalities Planning Code. Prior to sending an official enforcement notice, the Zoning
Officer may at his/her option informally request compliance.
(1) 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.
(2) 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 prescribed period of time in accordance
with procedures set forth in this chapter.
(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.
C. Penalties; enforcement remedies. The following penalties and causes
of action shall apply:
(1) Enforcement action. If the enforcement notice is not complied with
promptly, the Zoning Officer shall notify Borough Council. Borough
Council may institute or cause to be instituted in the name of the
Borough any appropriate action or proceeding at law or in equity to
prevent, restrain, correct or abate such violation or to require the
removal or termination of the unlawful use of the structure, building,
sign, landscaping or land in violation of the provisions of this chapter
or the order or direction made pursuant thereto. Borough Council may
also direct the Zoning Officer or Borough Solicitor to institute a
civil enforcement proceeding before a Magisterial District Judge.
(2) Violations and penalties. Any person who 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 the reasonable attorneys' 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 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
a Magisterial District Judge determining that there has been a violation
further determines that there was a good-faith basis for the person
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 attorneys' fees collected for the violation of
this chapter shall be paid over to the Borough for the general use
of the Borough.
(3) Remedies. In case any building, structure, sign or landscaping is
erected, constructed, reconstructed, altered, repaired, converted
or maintained; or any building, structure, sign or land is used; or
any hedge, shrub, tree or other growth is maintained in violation
of this chapter or of any of the regulations made pursuant thereto
or any of the permits or certificates of use and occupancy issued
under this chapter or any conditions imposed by the Zoning Hearing
Board or upon the grant of a conditional use by Borough Council, then,
in addition to any other remedies provided by law, any appropriate
action or proceeding may be instituted or taken to prevent or restrain
such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use or to prevent any illegal act,
conduct, business or use in and about such premises.
D. Enforcement notice appeals. In any appeal of an enforcement notice
to the Zoning Hearing Board, the Borough shall have the responsibility
of presenting its evidence first.
E. Refund of fee. 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.