[Ord. 294, 11/26/2007, § 27-1401]
Unless otherwise provided by law or in this chapter, no building
or structure shall be constructed, erected, or extended, and no building,
structure, or land shall be used or occupied, except for the purposes
permitted herein.
[Ord. 294, 11/26/2007, § 27-1402]
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted, or maintained, or any building, structure,
or land is used in violation of this chapter, the Borough Council
or the Zoning Officer, with the approval of the Borough Council, may
institute in the name of the Borough any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance, or use; to restrain, correct, or
abate such violation; to prevent the occupancy of said building, structure,
or land; or to prevent any illegal act, conduct, business, or use
in or about such premises. The rights and remedies provided in this
chapter are cumulative and are in addition to all other remedies provided
by law.
[Ord. 294, 11/26/2007, § 27-1403]
1.
Enforcement Notice.
A.
If it appears to Dublin Borough that a violation of the Zoning Ordinance
enacted under the Act, 53 P.S. § 10101 et seq., 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 a prescribed period of time in accordance
with procedures set forth in this chapter.
(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.
Enforcement Remedies.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this or predecessor
Zoning Ordinances enacted under the Act or prior enabling laws shall,
upon being found liable therefore in a civil enforcement proceeding
commenced by the Borough, pay a judgment of not more than $500, plus
all Court costs, including reasonable attorney fees incurred by the
Borough as a result thereof. No judgment shall commence or be imposed,
levied or payable until the dates of the determination of a violation
by the district justice. 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 district
justice 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 district justice, and, thereafter, each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney 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.
C.
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.
3.
Causes of Action. 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 any ordinance
enacted under the Act or prior enabling laws, the Borough or, with
the approval of the Borough, an officer of the municipality or any
aggrieved owner or tenant of real property who shows that his property
or person will be substantially affected by the alleged violation,
in addition to other remedies, may institute any appropriate action
or proceeding in Court to prevent, restrain, correct or abate such
building, structure, landscaping or land, or to prevent, in or about
such premises, any act, conduct, business or use constituting a violation.
When any such action is instituted by a landowner or tenant, notice
of that action shall be served upon the Borough at least 30 days prior
to the time the action is begun by serving a copy of the complaint
on the Borough Council. No such action may be maintained until such
notice has been given.
