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.[1] 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.
[1]
Editor's Note: See 53 P.S. § 10616.1.
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.