[Ord. 1973-1, 2/5/1973, § 100; as amended by Ord.
1988-1, 8/1/1988]
A Chapter regulating the use of land area, watercourses and
water bodies; the size, height, bulk, location, erection, construction,
repair, maintenance, alteration, razing, removal and use of structures;
areas and dimensions of land and bodies of water to be occupied by
uses and structures, as well as areas, courts, yards and other open
spaces and distances to be left unoccupied by uses and structures;
and the density of population and intensity of use. This chapter may
be cited as the "Watsontown Zoning Ordinance."
[Ord. 1973-1, 2/5/1973, § 110; as amended by Ord.
1988-1, 8/1/1988; and by Ord. 1990-5, 8/6/1990, § 4]
1.
Grant of Power. Section 601 of the Pennsylvania Municipalities Planning
Code (Act 247)[1] provides that the governing body of Watsontown Borough
may implement Comprehensive Plans or accomplish any of the purposes
of Act 247 by enacting a zoning ordinance within each municipality.
[1]
Editor's Note: See 53 P.S. § 10601.
2.
Applicability. This chapter requires that, within Watsontown Borough,
in the County of Northumberland and the Commonwealth of Pennsylvania,
no land, body of water or structure shall hereafter be used or occupied
and no structure or part thereof shall hereafter be erected, constructed,
reconstructed, moved or structurally altered unless in conformity
with all the regulations and procedures herein specified for the district
in which such land, body of water or structure is located.
[Ord. 1973-1, 2/5/1973, § 120]
1.
General Purposes. The zoning regulations and districts herein set
forth have been made in accordance with the Comprehensive Plan and
are designed to:
A.
Promote, protect and facilitate public health, safety, morals, general
welfare, coordinated and practical community development, proper density
of population, civil defense, disaster evacuation, airports and national
defense facilities, the provisions of adequate light and air, police
protection, vehicle parking and loading space, transportation, water,
sewerage, schools, public grounds and other public requirements, as
well as to;
B.
Prevent overcrowding of land, blight, danger and congestion in travel
and transportation, loss of health, life or property from fire, flood,
panic or other dangers.
[Ord. 1990-5, 8/6/1990, § 2]
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 this chapter, the Borough Council
or, with the approval of the Borough Council, an officer of the Borough,
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 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.
[Ord. 1990-5, 8/6/1990, § 2]
1.
If it appears to the Borough that a violation of this chapter has
occurred, the Borough shall initiate enforcement proceedings by sending
an enforcement notice as provided in this section.
2.
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.
3.
An enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom
the Borough intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this chapter.
D.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
E.
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a period of 10 days.
F.
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.
[Ord. 1990-5, 8/6/1990, § 3]
1.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter 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 attorney fees incurred by the
Borough as a result thereof. No judgment shall commence or be imposed,
levied or 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 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 this chapter 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.
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.
3.
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.
4.
Magisterial District Judges shall have initial jurisdiction over
proceedings brought under this section.
