1.
Borough Council. Under this chapter, the Borough Council has the
duty to:
A.
Consider and adopt or reject proposed amendments or the repeal of
this chapter as provided by law. Borough Council cannot hear and decide
questions of enforcement that may arise.
B.
Appoint and remove members of the Borough Planning Commission, Zoning
Hearing Board and the Zoning Officer. Removal requires just cause
and a formal hearing.
C.
Receive and consider Borough Planning Commission's ordinance-related
recommendations.
D.
Ask for recommendations of the Borough Planning Commission on the
adoption or amendment of this chapter and for these matters specified
in Section 303(a) of the PA MPC, as amended.
E.
Advertise and host a public hearing before adopting a zoning ordinance
or any of its amendments.
F.
Establish fees for the issuance of land development, building, occupancy
and sign permits in accordance with PA MPC Section 717.3(e).
G.
May prescribe fees for processes outlined in PA MPC Section 717.3(e).
H.
Has exclusive jurisdiction to hear and render final adjudications
for:
(1)
All applications pursuant to Section 508 of the PA MPC, 53 P.S. § 10508, for approval of subdivisions or land developments under Part V of the PA MPC, 53 P.S. § 10501 et seq.
(2)
Applications for conditional use under the express provisions
of this chapter.
(3)
Applications for curative amendment to this chapter or pursuant
to Sections 609.1 and 916.1(a) of the PA MPC, 53 P.S. §§ 10609.1,
10916.1(a).
(4)
All petitions for amendments to land use ordinances, pursuant
to the procedures set forth in Section 609 of the PA MPC, 53 P.S. § 10609.
(5)
Appeals from the determination of the Zoning Officer or the
Borough Engineer in the administration of any land use ordinance or
provisions with reference to sedimentation and erosion control and
stormwater management as enabled by the PA MPC.
2.
Borough Planning Commission. Powers and duties of the Borough Planning
Commission are those outlined in Section 209.1 of the Pennsylvania
Municipalities Planning Code, as amended.
3.
Zoning Hearing Board. Powers and duties of the Zoning Hearing Board are those outlined in Article IX of the Pennsylvania Municipalities Planning Code, as amended.
4.
Zoning Officer.
A.
Duties generally involve:
(1)
The day-to-day administrative procedures of this chapter.
(2)
Receiving, reviewing and issuing of building and zoning permits
and certificates of occupancy, maintaining records of applications
and permits, performing inspections to determine compliance with this
chapter.
(3)
Notifying persons violating this chapter.
(4)
Keeping this chapter and Map up-to-date.
(5)
Accepting applications for and presenting facts at hearings
before the Zoning Hearing Board.
B.
Borough Council may amend the duties of the Zoning Officer as deemed
necessary for the health, safety and welfare of the residents.
C.
The Zoning Officer:
(1)
Must administer this chapter by its literal terms.
(2)
Does not have any discretionary power and can neither waive
nor tighten any requirement of the chapter.
(3)
Is required to meet qualifications established by Sharpsburg
Borough and the Pennsylvania MPC and must be able to demonstrate a
working knowledge of the municipal zoning.
(4)
May also serve as the Building Inspector.
5.
Building Inspector.
A.
The Building Inspector enforces this chapter by issuing building
permits and occupancy permits for only such structures and uses that
comply with the provisions of this chapter. The Building Inspector
conducts all inspections necessary to determine compliance with the
chapter and maintains records thereof.
B.
The Building Inspector is responsible for:
(1)
Maintaining all of the records of this chapter, including, but
not limited to, all maps, amendments and variances, nonconforming
uses, appeals and applications.
(2)
Collecting fees that accompany applications for building and
occupancy permits and variances.
(3)
Receiving, filing and forwarding to the Borough Council and
the Borough Planning Commission for action all applications for amendments
to this chapter.
(4)
Receiving, filing and forwarding to the Zoning Hearing Board
all applications for variances and appeals.
C.
The Building Inspector may also serve as the Zoning Officer.
1.
Enforcement notice.
A.
If it appears to Sharpsburg Borough that a violation of this chapter
has occurred, Sharpsburg Borough will initiate enforcement proceedings
by sending an enforcement notice as provided in this chapter.
B.
The enforcement notice must be sent to the owner of the lot on which
the violation has occurred, to any person who has filed a written
request to receive enforcement notices regarding that lot, 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 landowner and any other person against whom
Sharpsburg Borough intends to take action.
(2)
The location of the lot 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 this chapter.
(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 the time frame as defined by the enforcement
notice.
(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.
2.
Remedies.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter must,
upon being found liable in a civil enforcement proceeding commenced
by Sharpsburg Borough, pay a judgment of not more than $500 plus all
court costs, including reasonable attorneys' fees incurred by Sharpsburg
Borough as a result thereof. No judgment may 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, Sharpsburg Borough may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that
a violation continues constitutes 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 can be deemed
to have been only one such violation until the fifth day following
the date of the determination of a violation by the District Magistrate
Judge, and thereafter each day that a violation continues will constitute
a separate violation. All judgments, costs and reasonable attorneys'
fees collected for the violation of this chapter must be paid over
to Sharpsburg Borough. The appropriate officers or their agents of
the Borough are hereby authorized to seek equitable relief, including
injunction, to enforce compliance with this chapter.
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.
C.
Nothing contained in this section can be construed or interpreted
to grant to any person or entity other than Sharpsburg Borough the
right to commence any action for enforcement pursuant to this section.
