[Amended 8-20-1990 by Ord. No. 512]
In any case where the Borough Council approves or disapproves
a subdivision plan, any person aggrieved thereby may, within 30 days
thereafter, appeal therefrom by appeal notice to the Court of Common
Pleas of Allegheny County.
[Amended 9-19-1989 by Ord. No. 500]
A. In addition to other remedies, the Borough may institute and maintain
appropriate actions by 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.
B. Issuance of permit.
(1) 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 which has resulted from a subdivision of real property
in violation of any ordinance adopted pursuant to the Planning Code.
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;
(d)
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.
(2) 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.
C. Enforcement remedies.
(1) Any person, partnership or corporation who or which has violated
the provisions of any subdivision or land development ordinance enacted
under this Act or prior enabling laws 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 attorneys' 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 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
the ordinance 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.
[Amended 1-17-1983 by Ord. No. 437]
The provisions of this chapter shall be held to be minimum requirements,
adopted for the promotion of the health, safety and general welfare
of the residents of Fox Chapel Borough. Whenever the requirements
of this chapter are at variance with any deed restrictions, covenants
or other ordinances, the most restrictive, or that imposing the higher
standards, shall govern.
[Amended 1-17-1983 by Ord. No. 437]
The Borough of Fox Chapel Subdivision Regulation Ordinance of
1964, Ordinance No. 260 approved October 19, 1964, as amended by Ordinance
No. 274, approved March 21, 1966; Resolution No. 166, approved January
19, 1970; and by Ordinance No. 384, approved March 20, 1978, Fox Chapel
Code Chapter XXII, Sections 1 through 454, is hereby repealed on the
effective date of this chapter.