It shall be unlawful for any person, natural or otherwise, to erect, reconstruct, alter, restore, demolish or raze any building, structure or sign, in whole or in part, regulated by this chapter, or cause same to be done, prior to obtaining a certificate of appropriateness or in conflict with or in violation of any approved certificate of appropriateness or of the provisions of this chapter.
The COA Administrator shall have the power to initiate any proceedings at law or in equity necessary for the enforcement of this chapter.
The COA Administrator shall serve a notice of violation, on a form prescribed by Newtown Borough, on the person responsible for the violation of this chapter and the owner, if different, which results from commencing any work prior to receipt of any approved certificate of appropriateness for any work covered by this chapter, failure to comply with approved work or any conditions of such approval, and any other violation of this chapter. Such notice shall direct the discontinuance of the illegal action or condition, the abatement of the violation, and the time for compliance and/or appeal.
[Amended 3-13-2001 by Ord. No. 614; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, applicant, owner, occupant, etc., who violates any provision of this chapter or shall fail to comply with any of the requirements of this chapter, or who shall erect, alter, construct, restore, rehabilitate, demolish or raze any building, structure or sign, in whole or in part, in violation of or contrary to the approved certificate of appropriateness shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Bucks County.
A.
Any aggrieved person shall have the right to appeal a decision of the Council to deny or conditionally approve a certificate of appropriateness to the Bucks County Court of Common Pleas in the manner and time provided by law.
B.
Any aggrieved person shall have the right to appeal a notice of violation from the COA Administrator to the Council within 30 days from the issuance thereof. Failure to appeal shall result in a conclusive determination that a violation exists. An appeal from such action shall be based on a claim that the true intent of this chapter has been incorrectly applied and/or any notice of violation issued hereto has been improperly issued. Any such appeal shall be filed with the COA Administrator on a form prescribed by Council.
(1)
The Council shall hold a public hearing on the appeal within 30 days, or longer if mutually agreed by the applicant. The COA Administrator and the HARB, if it elects, shall appear and defend the notice of violation.
(2)
Any person who demonstrates a direct, immediate, pecuniary and substantial interest in the subject matter may request to be a party to the appeal. The Council shall decide all requests for party status.
(3)
The Council shall announce a determination within five days of the final hearing and shall render a written decision within 15 days thereof.
(4)
Any person who was a party to the appeal and is aggrieved by the decision of Council shall have the right to appeal an adverse decision to the Bucks County Court of Common Pleas in the manner and time provided by law.