[Ord. 775, 6/15/1983, § 140-801; as amended by
Ord. 851, 7/12/1989, § 2]
1.
Appointment. The Zoning Officer shall be appointed by Borough Council
and shall administer and enforce this chapter.
2.
Duties of the Zoning Officer. In order to administer and enforce
properly this chapter, the Zoning Officer shall:
A.
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.
B.
Receive, file and forward to Borough Council all applications for
conditional uses and maintain records thereof.
C.
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.
D.
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.
E.
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.
F.
Inspect buildings, structures and uses of land to determine compliance
with the provisions of the chapter.
G.
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:
(1)
The name of the owner of record and any other person against
whom the municipality 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 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 10 days of receipt of the enforcement
notice pursuant to the procedures set forth in this chapter.
(6)
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.
H.
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.
I.
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.
J.
Revoke any order or zoning use or zoning occupancy permit issued
under a mistake of fact or contrary to the provisions of this chapter.
K.
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]
1.
General.
A.
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.
B.
The improvements of land preliminary to any use of such land shall
not be commenced prior to the issuance of the zoning use permit.
C.
Any permit issued in conflict with the provisions of this chapter
shall be null and void.
2.
Permit Application and Issuance Procedure.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
3.
Period of Validity.
A.
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.
B.
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.
4.
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]
1.
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.
2.
The Planning Commission shall perform the following duties:
A.
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.
B.
Prepare and make recommendations to Borough Council on proposed amendments
to this chapter and the Zoning Map.
C.
Review and approve or deny all applications for signs, except temporary
signs.
D.
Review and make recommendations to Borough Council on conditional
use applications.
E.
Review and make recommendations to the Zoning Hearing Board on applications
for variances.
F.
Provide technical and consultative assistance to other Borough boards,
commissions and officials in exercise of their duties relating to
this chapter.
G.
Maintain accurate and current records of all actions taken by it
in relation to the provisions of this chapter.
[Ord. 775, 6/15/1983, § 140-805; as amended by
Ord. 851, 7/12/1989, § 2; and by Ord. 995, 12/10/2003]
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
Board Decisions.
A.
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.
B.
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.
7.
Functions of the Board.
A.
The Zoning Hearing Board shall have exclusive jurisdiction to hear
and render final adjudications in the following matters:
(1)
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.
(2)
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.
(3)
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.
(4)
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."
(5)
Applications for variances from the terms of this chapter and Chapter 8 of the Aspinwall Borough Code, "Floodplain Management."
(6)
Appeals from the Zoning Officer's preliminary opinion determination
as authorized by § 916.2 of the Pennsylvania Municipalities
Planning Code.
(7)
Changes in nonconforming uses pursuant to the provisions of
this Part and Subsection 6F of this Part.
(8)
Appeals from a determination of the Planning Commission regarding
the approval or denial of a sign application.
B.
(Reserved)
C.
Variances.
(1)
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.
(2)
Standards for Variances. The Board may grant a variance, provided
that all the following findings are made where relevant in a given
case:
(a)
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.
(b)
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.
(c)
That such unnecessary hardship had not been created by the applicant.
(d)
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.
(e)
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.
(3)
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.
D.
(Reserved)
E.
(Reserved)
F.
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:
(1)
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).
(2)
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.
8.
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.
9.
Time Limitations.
A.
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.
B.
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.
C.
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.
10.
Stay of Proceedings.
A.
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.
B.
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]
1.
The Borough Council shall have exclusive jurisdiction to hear and
render final adjudications in the following matters:
A.
Applications for conditional uses under the express provisions of Part 5 of this chapter and § 603(c)(2) of the Pennsylvania Municipalities Planning Code.
B.
Applications for curative amendments to this chapter pursuant to
§§ 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities
Planning Code.
[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]
1.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
Within 30 days after enactment, a certified copy of the amendment
to this chapter shall be forwarded to the Allegheny County planning
agency.
I.
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]
1.
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.
A.
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.
B.
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.
C.
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:
(1)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities.
(2)
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.
(3)
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.
(4)
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.
(5)
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]
1.
Civil Enforcement Proceedings.
A.
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.
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 judgement.
C.
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:
(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 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.
(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 possible sanctions clearly described.
2.
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.
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.
