[Ord. 559, 6/20/1959, Section 2001; amended by Ord. 1284,
7/10/1990, Section 19]
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 Ordinance or of any other
ordinance or regulation supplementing this ordinance, the Municipal
Council or 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
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 municipality at least 30 days prior to the time the
action is begun, by serving a copy of the complaint on the governing
body of the Municipality. No such action may be maintained until such
notice has been given.
[Ord. 559, 6/20/1959, Section 2002; amended by Ord. 599,
9/13/1961, Section 2-E(5); Ord. 834, 12/4/1973, Section 8,{360} and
by Ord. 1284, 7/10/1990, Section 20]
a. Any person, partnership or corporation who or which has violated
or permitted the violation of any provisions of this Ordinance shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by a municipality, pay a judgment of not more than $500
plus all court costs, including reasonable attorney fees, incurred
by a Municipality 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 District Justice. If the defendant neither pays
nor timely appeals the judgment, the Municipality 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 5th 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 Municipality.
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 Municipality, the
right to commence any action for enforcement pursuant to this section.
[Ord. 1073, 4/11/1984, Section 3]
Any person, partnership or corporation who acts in such manner
as to cause a violation of this ordinance{370} shall be in violation
hereof. This section specifically requires landowners, lessors, realtors,
rental agents, property managers, tenants, residents, occupants and
guests responsible to refrain from any act, conduct, business or use
which constitutes a violation of this ordinance, including Section
2001(d).