Borough of Sharpsburg, PA
Allegheny County
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[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.
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.
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.
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.