In the event any building, structure, landscaping or land is,
or is proposed to be, erected, constructed, reconstructed, altered,
converted, maintained or used in violation of any provision of this
chapter, the Borough, through its designated staff, or any aggrieved
owner or tenant of real property who can show 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 of 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 Zoning Officer at least 30 days prior
to the time that action is begun by serving a copy of the complaint
thereon. No such action may be maintained until such notice has been
given.
Any person, partnership or corporation who or which has violated
or permitted the violation of any of the provisions of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding,
pay a judgment of not less than $100, and the maximum penalties allowable
by law, 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 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, 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 basis for the person, partnership or corporation violating the
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. All judgments, costs
and reasonable attorney fees collected for the violation of this chapter
shall be paid over to the Borough of Bath.