This Part 2 shall be enforced by the Code of Enforcement Officer
of the Borough of Baldwin who may and shall have authority to issue
citations, complaints and to institute other litigation required for
the purposes of enforcing this Part 2. Such officer may institute
any appropriate action or proceeding to prevent, restrain, correct
or abate any violation of this Part 2, provided that notice of such
action shall be served upon the violator at least 10 days prior to
the time the action is begun by serving a copy of the nature of the
violation as such other information as may be required or appropriate;
provided further, however, that if the nature of the violation is
such that serious and substantial injury may occur to the Borough
or any property situate therein, then such notice may be waived and
an action instituted immediately.
A.
Right of entry. Upon presentation of proper credentials, duly authorized
representatives of the Borough may enter at reasonable times upon
any property to investigate or ascertain the condition of the subject
property in regard to an aspect regulated by this Part 2.
B.
Notification. In the event that the applicant, developer, owner or
his/her agent fails to comply with the requirements of this Part 2
or fails to conform to the requirements of any permit, a written notice
of violation shall be issued. Such notification shall set forth the
nature of the violation(s) and establish a time limit for correction
of the violation(s). Upon failure to comply within the time specified,
unless otherwise extended by the Borough, the applicant, developer,
owner or his/her agent shall be subject to the enforcement remedies
of this Part 2.
C.
Preventive remedies.
(1)
In additional to other remedies, the municipality may institute and
maintain appropriate actions by law or in equity to restrain, correct
or abate a violation, to prevent unlawful construction, to recover
damages and to prevent illegal occupancy of a building or premises.
D.
Enforcement remedies.
(1)
Any person who has violated or permitted the violation of the provisions
of this Part 2 shall, upon being found liable therefore in a civil
enforcement proceeding commenced by the Borough pay a fine of not
less than $50 and not more than $500 plus court costs, including reasonable
attorney fees incurred by the municipality. No judgment shall commence
or be imposed, levied or be payable until the date of the determination
of a violation by the District Justice.
(2)
If the defendant neither pays nor timely appeals the judgment, the
municipality may enforce the judgment pursuant to applicable rules
of civil procedure.
(3)
Each day that a violation continues shall constitute a separate violation
unless the District Justice further determines that there was a good
faith basis for the person violating the ordinance to have believed
that there was no such violation. In such case there shall be deemed
to have been only one such violation until the fifth day following
the date of the District Justice's determination of a violation;
thereafter, each day that a violation continues shall constitute a
separate violation.
(4)
All judgments, costs and reasonable attorney fees collected for the
violation of this Part 2 shall be paid over to the Borough.
(5)
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 the judgment.
(6)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the municipality the right
to commence any action for enforcement pursuant to this section.
E.
Additional remedies. In addition to the above remedies, the Borough may also seek remedies and penalties under applicable Pennsylvania statutes, or regulations adopted pursuant thereto, including, but not limited to, the Storm Water Management Act (32 P.S. §§ 680.1 through 680.17) and the Erosion and Sedimentation Regulations (25 Pennsylvania Code, Chapter 102). Any activity conducted in violation of this Part 2 or any Pennsylvania approved watershed stormwater management plan may be declared a public nuisance by the Borough and abatable as such.
Any person, copartnership or corporation, or principal officer
of any corporation who or which shall violate any provision of this
Part 2 or proceed with the erection of any structures, or sell any
lot without having first complied with the provisions of this Part
2, shall be guilty of a summary offense, and upon conviction thereof
before a District Magistrate, such person or the members of such partnership
or the officers of such corporation responsible for such violation
shall be sentenced to pay a fine of no less than $50 or more than
$1,000. Each day that a violation continues shall be considered a
separate violation and a separate fine shall be applicable. In the
event that any person shall repeatedly violate the provision of this
Part 2, or fails to adhere to notices and other provisions of this
Part 2, then such person shall be guilty of a misdemeanor, and upon
conviction thereof, such persons shall be sentenced to suffer imprisonment,
not to exceed two years, or to pay a fine not exceeding $1,000, or
both, in the discretion of the court.
A.
Notification of Noncompliance: A copy of any notice or stop work
order shall be served upon the landowner by either personal delivery
or certified mail.
B.
Cancellation notice: Upon completion of remedial steps required by
a notice, the Code Enforcement Officer shall forthwith issue of compliance
and cancellation of said notice of noncompliance or stop work order.
Any person who feels aggrieved at any stop work order issued
by the Code Enforcement Officer under this Part 2, or by failure to
cancel same after performance of remedial steps, shall have the right
to request a hearing within seven days after making said request.
At said hearing, the Code Enforcement Officer and the aggrieved person
shall present any evidence bearing on the propriety of said stop work
order or continuation of same. At the conclusion of the hearing, and
based upon the evidence presented to it, the Municipal Board of Supervisors
shall:
A.
Affirm the stop work order and the remedial steps required therein
and direct continuing effect and enforcement of said stop work order
with the offending portion of the project has been brought into compliance;
or
B.
Affirm the stop work order, but upon such modified remedial steps
as the Board of Supervisors may find necessary and appropriate, the
direct continuing effect and enforcement of said stop work order until
the offending portion of the project has been brought into compliance;
or
C.
Reverse, cancel or suspend the stop work order upon a finding that
remedial steps are not necessary or that required remedial steps have
been taken, or upon a finding that a stop work order is not appropriate
or necessary during the performance of required remedial steps.
The Baldwin Borough Board of Supervisors, upon the request by
the Code Enforcement Officer at the next regular meeting of the Board
of Supervisors, after at least three days' notice in writing
to the landowner, may revoke the permit issued pursuant to this Part
2 for any project which the Board of Supervisors finds, upon evidence
presented to it that the landowner has proceeded with work on the
offending portion of any project, except specified remedial work to
bring the project into compliance with the approved plan, while under
a valid stop work order which has neither been reversed canceled nor
suspended by the Board of Supervisors.
