Borough of Fox Chapel, PA
Allegheny County
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Table of Contents
Table of Contents
[Amended 9-19-1989 by Ord. No. 500; 8-19-1991 by Ord. No. 525]
Borough Council may from time to time amend, supplement, change, modify or repeal this Part 1, including the Zoning Map. No such amendment, supplement, change, modification or repeal shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Public notice shall be given not more than 30 days and not less than seven days in advance of said public hearing. Such notice shall be published once each week for two successive weeks in a newspaper of general circulation in Fox Chapel Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. Notices of said hearing shall be mailed to every civic association or associations of residents in the Borough which shall have registered its name and address for this purpose with the Zoning Hearing Board. The notices shall state the time and place of such hearing and the general nature of the proposed amendment. In the case of an amendment other than one prepared by the Fox Chapel Planning Commission, Borough Council shall submit each such amendment to said Planning Commission at least 30 days prior to the hearing on such proposed amendment, to provide the Planning Commission an opportunity to submit recommendations. At the option of the Planning Commission, the Planning Commission may defer the making of a recommendation to the Borough Council until after a public hearing has been conducted by Borough Council. If the Planning Commission has deferred making a recommendation, then after a public hearing has been conducted by Borough Council the Planning Commission shall make its recommendations to the Borough Council.
[Amended 6-16-1980 by Ord. No. 421; 9-19-1989 by Ord. No. 500]
In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of Chapter 350, Floodplain Management, Borough Council or its duly authorized representative, in addition to other remedies, may institute in the name of the Borough of Fox Chapel any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land or to prevent, in and about such premises, any act, conduct, business or use constituting a violation of this Part 1.
[Amended 6-16-1980 by Ord. No. 421; 9-19-1989 by Ord. No. 500]
A. 
If it appears to the Borough that a violation of any zoning ordinance enacted under the Planning Code or prior enabling laws has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
B. 
The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
C. 
An enforcement notice shall state at least the following:
(1) 
The name of the owner of record and any other person against whom the Borough intends to take action;
(2) 
The location of the property in violation;
(3) 
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the ordinance;
(4) 
The date before which the steps for compliance must be commenced and the date before which the steps must be completed;
(5) 
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 30 days in accordance with the procedures set forth in §§ 400-44 and 400-45 of this Part 1;
(6) 
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
[Added 9-19-1989 by Ord. No. 500]
A. 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Part 1 enacted under the Planning Code 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 a municipality 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 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 the 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. All judgments, costs and reasonable attorneys' fees collected for the violation of zoning ordinances shall be paid over to the Borough.
B. 
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 judgment.