[Ord. 761, 8/26/1985, § 2200]
Failure to secure a zoning permit when required under this chapter
shall be a violation of this chapter.
[Ord. 761, 8/26/1985, § 2201]
When written notice of a violation of any of the provisions
of this chapter has been served by the Zoning Officer or his representative,
on the owner, agent, occupant, contractor, builder or other person,
partnership or corporation violating the provisions of this chapter,
such violation shall be discontinued immediately.
[Ord. 761, 8/26/1985, § 2202; as added by Ord.
1005, 5/23/2011]
1.
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. No judgment
shall commence or be imposed, levied or payable until the date of
the determination of a violation by the magisterial district judge.
If the defendant neither pays nor timely appeals the judgment, 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 magisterial district judge 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 magisterial district judge and thereafter each day that a violation
continues shall constitute a separate violation.
2.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
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.
4.
Magisterial district judges shall have initial jurisdiction in proceedings
brought under this section.
[Ord. 761, 8/26/1985, § 2203]
In case any building, structure, or land is, or is proposed
to be, erected, constructed, reconstructed, altered, converted, maintained
or used in violation of this chapter, the Borough of Hatboro or, with
the approval of the Borough Council, an officer of the Borough of
Hatboro, in addition to other remedies, may institute in the name
of the Borough of Hatboro any appropriate action or proceeding to
prevent, restrain, correct or abate such building, structure or land,
or to prevent, in or about such premises, any act, conduct, business
or use constituting a violation of this chapter.
[Ord. 761, 8/26/1985, § 2204]
The charges for permits, applications for conditional uses,
special exceptions and variances, appeals, zoning certificates and
other applications to the Zoning Hearing Board shall be established
from time to time by resolution of Borough Council. Applicants shall
also be responsible for costs incurred by the Borough as a result
of any required hearing, including stenographic fees, advertising
charges and any other fee or charge. The Borough may require a deposit
to cover any such fees or charges.
