[Amended 2-21-2013 by Ord. No. 13-05]
In addition to other remedies, the Borough may institute and
maintain appropriate actions and preventive remedies as set forth
in Section 515.1 of the MPC.
Magisterial District Judges shall have initial jurisdiction in proceedings brought under § 22-903.
1.Â
Any person, partnership or corporation who or which has violated
the provisions of any subdivision or land development ordinance enacted
under this chapter 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 to be imposed, levied or
payable until the date of determination of a violation by the Magisterial
District Judge. If the defendant neither pays not 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.Â
The Court of Common Pleas of Allegheny County, 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.Â
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.
