Borough of Baldwin, PA
Allegheny County
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Table of Contents
Table of Contents
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.
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.
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.
Preventive remedies.
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.
In accordance with the Planning Code (Section 515.1),[1] the municipality may refuse to issue any permit or grant approval to further improve or develop any property which has been developed in violation of this chapter.
Editor's Note: See 53 P.S. § 10515.1.
Enforcement remedies.
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.
If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to applicable rules of civil procedure.
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.
All judgments, costs and reasonable attorney fees collected for the violation of this Part 2 shall be paid over to the Borough.
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.
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.
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.
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.
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:
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
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
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.