[Ord. 963, 10/18/2006, § 901]
The Borough Council shall establish, by resolution, a collection
procedure and schedule of fees to be paid by the developer at the
time of the filing of preliminary and final subdivision, consolidation
and land development applications, for development agreements, recording
fees and inspection of improvements and any other necessary and reasonable
fees required to administer this chapter.
[Ord. 963, 10/18/2006, § 902]
1.
Enforcement Remedies. Any person, partnership or corporation who
or which has violated 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 reasonable attorney fees incurred by the Borough
as a result thereof. Each day that a violation continues shall constitute
a separate offense. The procedure for imposition of liability in a
civil enforcement proceeding shall be as set forth in the MPC, 53
P.S. § 10101 et seq. A civil enforcement proceeding may
be initiated by the Zoning Officer without prior consent of the Borough
Council.
2.
Preventive Remedies. In addition to other remedies, the Borough may
institute and maintain appropriate actions at law or in equity to
restrain, correct or abate violations, to prevent unlawful construction,
to recover damages and to prevent illegal occupancy of a building,
structure or premises. The description by metes and bounds in the
instrument of transfer or other documents used in the process of selling
or transferring shall not exempt the seller or transferor from such
penalties or from the remedies herein provided.
3.
The Borough may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or consolidated or which has resulted from a subdivision
of real property in violation of this chapter. This authority to deny
such a permit or approval shall apply to any of the following applicants:
A.
The owner of record at the time of such violation.
B.
The vendee or lessee of the owner of record at the time of such violation
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
C.
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation. The vendee
or lessee of the current owner of record who acquired the property
subsequent to the time of violation without regard as to whether such
vendee or lessee had actual or constructive knowledge of the violation.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Borough may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
[Ord. 963, 10/18/2006, § 903]
Whenever any provision of this chapter is at variance with another
lawfully adopted rule, regulation, ordinance, restriction or covenant,
which imposes the most restrictive requirement shall govern.
