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Borough of Aspinwall, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 775, 6/15/1983, § 140-801; as amended by Ord. 851, 7/12/1989, § 2]
A. 
Appointment. The Zoning Officer shall be appointed by Borough Council and shall administer and enforce this chapter.
B. 
Duties of the Zoning Officer. In order to administer and enforce properly this chapter, the Zoning Officer shall:
(1) 
Receive all applications for zoning use and zoning occupancy permits and maintain records thereof. Forward to the Planning Commission all applications requiring site plan review in accordance with Part 5 of this chapter and all applications for signs.
(2) 
Receive, file and forward to Borough Council all applications for conditional uses and maintain records thereof.
(3) 
Issue zoning use and zoning occupancy permits for all applications that have been reviewed and approved according to the provisions of this chapter and other applicable ordinances.
(4) 
Receive, review and issue permits for: (1) applications for zoning use and zoning occupancy permits that do not require a site plan review or conditional use approval; and, (2) applications for fences, accessory uses (excluding signs) and temporary uses.
(5) 
Receive, file and forward to the Zoning Hearing Board the records in all appeals and all applications for variances and changes of nonconforming uses and maintain records thereof.
(6) 
Inspect buildings, structures and uses of land to determine compliance with the provisions of the chapter.
(7) 
Issue enforcement notices for violation of any provision of this chapter 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 of the parcel. The enforcement notice shall be delivered personally or by certified mail. The enforcement notice shall state at least the following:
(a) 
The name of the owner of record and any other person against whom the municipality 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 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 10 days of receipt of the enforcement notice pursuant to the procedures set forth in this chapter.
(f) 
That failure to comply with the enforcement notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation with possible sanctions clearly described.
(8) 
Initiate civil enforcement proceedings for failure to comply with enforcement notices unless the Borough Council, after receipt of the enforcement notice, directs to the contrary by motion or resolution.
(9) 
Institute, with approval of or at direction of Borough Council, appropriate equitable enforcement action to prevent, restrain, abate or correct any violation of this chapter.
(10) 
Revoke any order or zoning use or zoning occupancy permit issued under a mistake of fact or contrary to the provisions of this chapter.
(11) 
The Zoning Officer may make and maintain accurate and current records of all legal nonconformities under this chapter.
[Ord. 775, 6/15/1983, § 140-802; as amended by Ord. 851, 7/12/1989, § 2; by Ord. 887, 8/12/1992, § 140-802; by Ord. 977, 3/9/2001, § 140-802; and by Ord. 995, 12/10/2003]
A. 
General.
(1) 
No use of land shall be made or any building or structure constructed, altered, remodeled, sold, leased, occupied or used, nor any existing use of a building, structure of land be changed until a zoning use permit and a zoning occupancy permit have been issued by the Zoning Officer.
(2) 
The improvements of land preliminary to any use of such land shall not be commenced prior to the issuance of the zoning use permit.
(3) 
Any permit issued in conflict with the provisions of this chapter shall be null and void.
B. 
Permit Application and Issuance Procedure.
(1) 
Whenever the proposed activity, whether new construction or alteration of an existing use requires a building permit (under the Borough Building Code, Chapter 5), the applications for the zoning use permit and zoning occupancy permit shall be made prior to or simultaneously with the application for the building permit. However, the building permit shall not be issued until the zoning use permit has been granted.
(2) 
When no building permit is required, the application for the zoning use permit and zoning occupancy permit may be made at any time prior to the use or occupancy of the structure or land.
(3) 
Permit applications shall be submitted in writing on such forms or in such format as established by the Borough. The Zoning Officer may request any information necessary to determine the application's compliance with this chapter.
(4) 
The Zoning Officer shall not issue the zoning use permit or zoning occupancy permit unless the property complies with this chapter, the Borough Building Code [Chapter 5, Part 1], the Borough Property Maintenance Code [Chapter 5, Part 2], the Borough Subdivision and Land Development Ordinance [Chapter 22], and all other applicable Borough, county, state and federal laws, ordinances and regulations, and until all other required approvals and permits have been obtained from applicable Borough, county, state and federal agencies. The applicant shall submit copies of all such required approvals and permits to the Zoning Officer.
(5) 
Where approvals are not required by other Borough agencies or governmental entities, the Zoning Officer shall review and approve or disapprove the application. However, the Zoning Officer may seek the advice and recommendations of the Planning Commission on any application.
(6) 
An application for a zoning use permit does not permit occupancy. A zoning occupancy permit is also required. Under certain circumstances, application for any approval of a zoning use permit and zoning occupancy permit may be combined.
(7) 
Upon completion of the applied-for work, the applicant shall notify the Zoning Officer who shall examine the building, structure or use of land involved. If the Zoning Officer shall find that such construction, erection, structural alteration or use of building and land has been completed in accordance with the provisions of this chapter and other applicable ordinances, the zoning occupancy permit shall be issued.
(8) 
As a precondition to the issuance of any zoning use permit or zoning occupancy permit, a landowner shall permit the Zoning Officer to inspect both the exterior and interior of the property, as deemed necessary by the Zoning Officer. Any failure or refusal to permit such inspection shall result in denial of any application for zoning use permit or zoning occupancy permit.
(9) 
The Borough shall not issue a no-lien letter in connection with the sale of any property in the Borough unless and until either the proposed buyer or proposed seller has applied for and obtained a zoning occupancy permit in connection with the sale of the property.
C. 
Period of Validity.
(1) 
A zoning use permit shall become null and void within six months of the date of issuance unless the construction, altering, remodeling of a building or structure is commenced or a use of land or building is commenced.
(2) 
A nonresidential zoning occupancy permit shall be valid for a period of one year. The landowner shall be responsible for applying for a renewed permit prior to the expiration of an existing permit. The Zoning Officer shall be responsible for scheduling inspections related thereto.
D. 
Temporary Zoning Use and Zoning Occupancy Permits. The Zoning Officer may issue a temporary zoning permit which may allow the use or occupancy of a building or structure during structural alteration thereof or may permit the partial use or occupancy of a building or structure during its construction or erection; provided, however, that such a temporary permit shall be valid only for a period not exceeding six months from its issuance and shall be subject to such restrictions and provisions as may be deemed necessary by the Zoning Officer to ensure the safety of persons using or occupying the building, structure or land involved.
[Ord. 775, 6/15/1983, § 140-803; as amended by Ord. 851, 7/12/1989, § 2]
Borough Council shall establish, from time to time, fees and charges for all permits and applications required by this chapter. This schedule, along with an explanation of the collection procedure, shall be posted in the offices of the Borough Manager. All fees and charges shall be adopted by resolution of Borough Council at any regular or special meeting.
[Ord. 775, 6/15/1983, § 140-804; as amended by Ord. 851, 7/12/1989, § 2; and by Ord. 995, 12/10/2003]
A. 
The Aspinwall Planning Commission shall be appointed by Borough Council as prescribed by the Pennsylvania Municipalities Planning Code and Chapter 1, Planning Commission, of this Code.
B. 
The Planning Commission shall perform the following duties:
(1) 
Submit by March 1 of each year a report to Borough Council outlining any substantive or administrative problems that have been identified in this chapter along with recommended changes to correct the problems; and any recommended changes in this chapter to reflect changes in development conditions, land uses, population, public services and facilities or similar conditions.
(2) 
Prepare and make recommendations to Borough Council on proposed amendments to this chapter and the Zoning Map.
(3) 
Review and approve or deny all applications for signs, except temporary signs.
(4) 
Review and make recommendations to Borough Council on conditional use applications.
(5) 
Review and make recommendations to the Zoning Hearing Board on applications for variances.
(6) 
Provide technical and consultative assistance to other Borough boards, commissions and officials in exercise of their duties relating to this chapter.
(7) 
Maintain accurate and current records of all actions taken by it in relation to the provisions of this chapter.
(8) 
Where requested by the Zoning Officer pursuant to § 27-702 of this chapter, render advice and recommendations on any application.
[Ord. 775, 6/15/1983, § 140-805; as amended by Ord. 851, 7/12/1989, § 2; and by Ord. 995, 12/10/2003]
A. 
Membership of the Board. The membership of the Board shall be three residents of the Borough appointed by Borough Council. Their terms of office shall be three years and so fixed that the term of office of one member shall expire each year. The Borough Council may appoint alternate members of the Board pursuant to the constraints of the MPC, who shall serve according to the restrictions of the MPC. The Board shall promptly notify Borough Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members and alternate members of the Board shall hold no other office in the Borough.
B. 
Removal of Members. Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of Borough Council, taken after the member has received 15 days' advance notice of the intent to take such a vote. A public hearing shall be held in connection with the vote if the member shall request it in writing.
C. 
Organization of the Board. The Board shall elect its officers from its own membership, who shall serve annual terms and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be a majority of all the members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and parties may waive further action by the Board as provided in Subsection 5A below. The Board may make, alter and rescind rules and forms for its procedure consistent with the ordinances of the Borough and laws of the commonwealth. The Board shall keep full public records of its business which records shall be the property of the Borough, and submit a report of its activities to Borough Council as requested by Borough Council.
D. 
Expenditures for Services. Within the limits of funds appropriated by Borough Council, the Zoning Hearing Board may employ or contract for secretaries, clerks, zoning officers, legal counsel, consultants and other technical and clerical services. Members of the Zoning Hearing Board may receive compensation for the performance of their duties, as may be fixed by Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of Borough Council.
E. 
Conduct of Public Hearings. The public hearing shall commence within 60 days' of the filing of an administratively complete application. Public notice, as defined herein, of the public hearing shall be advertised and posted as required by the MPC, and in addition thereto the Zoning Hearing Board shall post at least one copy of the notice on the affected property and shall mail a copy of the notice by regular mail at least one week prior to the hearing to each adjoining property owner, including those located across a public right-of-way. Public hearings shall be conducted and held in accordance with the applicable provisions of the Municipalities Planning Code. The Zoning Hearing Board shall comply with all requirements of Article IX of the Municipalities Planning Code regarding the conduct of hearings.
F. 
Board Decisions.
(1) 
The Zoning Hearing Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application in accordance with the requirements of the MPC and within 45 days after the last hearing before the Zoning Hearing Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefore. Conclusions based on any provisions of this chapter or any other land use ordinance, rule or regulation or any provision of the Municipalities Planning Code shall contain a reference to the provisions relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer and there has been no stipulation that his/her decision or findings are final, the Zoning Hearing Board shall make his/her report and recommendations available to the parties within 45 days, and the parties shall be entitled to make written representations thereon to the Zoning Hearing Board prior to final decision or entry of findings, and the Zoning Hearing Board's decision shall be entered no later than 30 days after the report of the hearing officer.
(2) 
A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.
G. 
Functions of the Board.
(1) 
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(a) 
Substantive challenges to the validity of this chapter, except those challenges brought before the Borough Council pursuant to §§ 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code.
(b) 
Challenges to the validity of this chapter raising procedural questions or alleged defects in the process of enactment or adoption, which challenges shall be raised by an appeal taken within 30 days after the effective date of this chapter or any amendment thereto.
(c) 
Appeals from the determination of the Zoning Officer including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any enforcement notice or the registration or refusal to register any nonconforming use, structure or lot.
(d) 
Appeals from a determination by the Borough Engineer or the Zoning Officer with reference to the administration of Chapter 8 of the Aspinwall Borough Code, "Floodplain Management."
(e) 
Applications for variances from the terms of this chapter and Chapter 8 of the Aspinwall Borough Code, "Floodplain Management."
(f) 
Appeals from the Zoning Officer's preliminary opinion determination as authorized by § 916.2 of the Pennsylvania Municipalities Planning Code.
(g) 
Changes in nonconforming uses pursuant to the provisions of this Part and Subsection 6F of this Part.
(h) 
Appeals from a determination of the Planning Commission regarding the approval or denial of a sign application.
(2) 
(Reserved)
(3) 
Variances.
(a) 
Application. The Board shall hear requests for variances where it is alleged that the strict application of the provisions of this chapter inflict unnecessary hardship upon the applicant. Application for a variance shall be made in writing on the prescribed form obtained from the Zoning Officer. The Zoning Officer shall forward the application to the Board, which shall determine a time and place of the hearing.
(b) 
Standards for Variances. The Board may grant a variance, provided that all the following findings are made where relevant in a given case:
[1] 
That there are unique physical circumstances or conditions including irregularity, narrowness or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
[2] 
That, because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity which the provisions of this chapter; and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
[3] 
That such unnecessary hardship had not been created by the applicant.
[4] 
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located nor substantially or permanently impair the appropriate use or development of adjacent property nor be detrimental to the public welfare.
[5] 
That the variance, if authorized, will represent the minimum variance which will afford relief and represent the least modification possible of the regulation in issue.
(c) 
Procedure for Variances. The Board shall request the review and comments of the Planning Commission on any variance application, which shall be made part of the public record. In granting any variances, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code.
(4) 
(Reserved)
(5) 
(Reserved)
(6) 
Changes of Nonconforming Uses. In accordance with Part 6 of this chapter, the Zoning Hearing Board shall hear requests for a change of one nonconforming use to another nonconforming use. Before approving an application, the Board shall determine that:
(a) 
The proposed use is within the same type of use category as the original nonconforming use, such as one personal service business to another. In making a determination of similar uses, the Board shall be guided by the definitions in this chapter or, where not so defined, Federal Office of Management and Budget's Standard Industrial Classification Manual (current edition).
(b) 
The proposes use will not be any more objectionable than the original nonconforming use in terms of traffic generation and requirements for off-street parking and loading; outdoor storage of wastes, materials, supplies and equipment; minimum yard, height, area and volume of all structures.
(c) 
The proposed use can comply with the applicable performance standards for noise, air and water quality, glare, odors, fire and explosive hazards, vibrations, screening, Stormwater and floodplain management contained in Part 4 of this chapter.
H. 
Parties Appellant Before the Board. Appeals under Subsection 7A(1), (2),(3), (4), (6) and (7) of this chapter may be filed with the Board in writing by the landowner affected, by any officer or agency of the Borough or any person aggrieved. Requests for a variance under Subsections 7A(5) and 7C of this section may be filed with the Board only by a landowner or any tenant with the permission of such landowner.
I. 
Time Limitations.
(1) 
No person shall be allowed to file any proceeding with the Board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate Borough officer, agency or body, if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.
(2) 
The failure of anyone, other than the landowner, to appeal from an adverse decision by the Zoning Officer on a challenge to the validity of this chapter or Zoning Map pursuant to § 916.2 of the Pennsylvania Municipalities Planning Code, shall preclude an appeal from a final approval, except in the case where the final submission substantially deviates from the approved tentative or preliminary approval.
(3) 
All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued, except appeals of the Zoning Officer's issuance of an enforcement notice, which shall be filed within 10 days after receipt of the enforcement notice.
J. 
Stay of Proceedings.
(1) 
Upon filing of any proceeding referred to in Subsection 7 of this section and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or any agency or body and all official action thereunder shall be stayed, unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property. In this case, the development or official action shall not be stayed otherwise than by a restraining order which may be granted by the Board or the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body.
(2) 
When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the board by persons other than the applicant, the applicant may petition the Allegheny County Court of Common Pleas to order such persons to post a bond as a condition to continuing the proceedings before the board, pursuant to provisions of the Pennsylvania Municipalities Planning Code.
[Ord. 775, 6/15/1983, § 140-806; as amended by Ord. 806, 6/11/1986; and by Ord. 851, 7/12/1989, § 2]
A. 
The Borough Council shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(1) 
Applications for conditional uses under the express provisions of Part 5 of this chapter and § 603(c)(2) of the Pennsylvania Municipalities Planning Code.
(2) 
Applications for curative amendments to this chapter pursuant to §§ 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code.
(3) 
Applications for riverfront planned developments under the express provisions of § 27-418 of this chapter and Article VII of the Pennsylvania MPC.
[Added by Ord. 1060, 6/11/2014]
[Ord. 775, 6/15/1983, § 140-807; as amended by Ord. 806, 6/11/1986; by Ord. 851, 7/12/1989, § 2; and by Ord. 995, 12/10/2003]
A. 
Amendments of this chapter may be initiated by Borough Council, by the Planning Commission, or by a petition of a landowner within the Borough in accordance with the following provisions:
(1) 
Petitions for amendment by landowners, other than curative amendments under § 27-708 of this chapter, shall be filed in writing with the Zoning Officer, and the petitioner, upon such filing, shall pay a filing fee and/or review deposit in accordance with the schedule fixed by resolution of Borough Council.
(2) 
Any proposed amendment other than one proposed by the Planning Commission shall be referred to the Planning Commission for review. The Planning Commission shall review the proposed amendment and report its findings and recommendations, in writing, to the Borough Council and to the petitioner.
(3) 
In the event the Planning Commission recommends approval of the proposed amendment, in whole or in part, or if a public hearing is requested by at least one member of the Borough Council, a public hearing will be scheduled on the proposed amendment and a copy of the same submitted to the Allegheny County Planning Agency at least 30 days prior to the public hearing in accordance with the requirement of the Municipalities Planning Code.
(4) 
If the proposed amendment involves a zoning map change, notice of the public hearing shall be conspicuously posted by the Borough at points deemed sufficient by it along the tract to notify potentially interested citizens. The affected tract shall be posted at least one week prior to the date of the hearing.
(5) 
Notice of any proposed zoning map change shall also be mailed by the Borough at least 30 days prior to the public hearing by first class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Borough. A good faith effort and substantial compliance shall satisfy the requirements of this subsection. This subsection shall not apply to a comprehensive rezoning.
(6) 
If, after any public hearing held upon an amendment, the proposed amendment is substantially revised or further revised to include land previously not affected by it, then the Borough Council shall hold another public hearing pursuant to public notice before proceeding to vote on the amendment.
(7) 
The Borough Council shall act on a proposed amendment to this chapter within 90 days of the date of the meeting at which the public hearing on the amendment is closed. If the Borough Council fails to so act within the said 90-day period, then the proposed amendment shall be deemed denied.
(8) 
Within 30 days after enactment, a certified copy of the amendment to this chapter shall be forwarded to the Allegheny County planning agency.
(9) 
The proposed amendment shall also be published, advertised and made available to the public in accordance with the requirements of the Municipalities Planning Code.
[Ord. 775, 6/15/1983, § 140-808; as amended by Ord. 851, 7/12/1989, § 2; and by Ord. 995, 12/10/2003]
A. 
Any landowner who wishes to challenge, on substantive grounds, the validity of this chapter or the Zoning Map or any provision thereof which prohibits or restricts the use or development of land in which he/she has an interest may prepare and submit a curative amendment to the Borough Council, in the form he/she proposes it be adopted, together with a written request that his/her challenge and proposed amendment be heard and decided in accordance with the requirements of the MPC. The Borough Council shall hold a public hearing, pursuant to public notice, on the matter within 60 days of receiving an administratively complete curative amendment request. Public notice of the public hearing shall be given by the Borough in accordance with the requirements of the MPC. Public hearings shall be conducted and held in accordance with the applicable provisions of the MPC. The Borough Council shall comply with all applicable requirements of the MPC regarding the conduct of hearings and decisions related thereto.
(1) 
Referral to Planning Commission. The curative amendment and challenge shall be referred to the Planning Commission and the Allegheny County planning agency or its designee at least 30 days prior to the public hearing for review and comment.
(2) 
Declaration of Invalidity by the Court. If the Borough does not accept a landowner's curative amendment brought in accordance with this section and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire chapter but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
(3) 
Evaluation of Merits of Curative Amendment. If the Borough Council determines that a validity challenge has merit, then the Borough Council may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Borough Council shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(a) 
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.
(b) 
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or the Zoning Map.
(c) 
The suitability of the lot's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features for the intensity of the proposed uses.
(d) 
The impact of the proposed use on the lot's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.
(e) 
The impact of the proposal on the preservation of agriculture and other land uses which are essential to the public's health, safety and welfare.
[Ord. 775, 6/15/1983; as added by Ord. 995, 12/10/2003]
If the Borough Council determines that this chapter or a portion thereof is substantially invalid, it may implement the procedure for municipal curative amendments provided for in § 609.2 of the Municipalities Planning Code.
[Ord. 775, 6/15/1983, § 140-809; as amended by Ord. 806, 6/11/1986; by Ord. 851, 7/12/1989, § 2; and by Ord. 995, 12/10/2003]
A. 
Civil Enforcement Proceedings.
(1) 
Except where a different penalty is provided, any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Borough, pay a 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 be payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor appeals the judgment in a timely manner, 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.
(2) 
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 judgement.
(3) 
Enforcement Notice. The requisite enforcement notice, initiating a civil enforcement proceeding, shall contain the following information, in addition to any other information required by the MPC:
(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 a right to appeal to the Zoning Hearing Board within 10 days of receipt of the enforcement notice pursuant to the 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.
B. 
Equitable Enforcement Proceedings. In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Zoning Officer and/or the Borough Solicitor, with the approval of the Borough Council, may institute in the name of the Borough any appropriate equitable action or proceeding to prevent, restrain, correct or abate such buildings, structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. These remedies shall be in addition to any other remedies provided by law.
C. 
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.