A.
Power of amend. The regulations set forth in this chapter may, from
time to time, be amended by the Borough Council.
B.
Procedure. The following requirements shall be observed prior to
making any amendment to this chapter:
(1)
Proposed amendments prepared by other than the Planning Commission
shall be submitted to it for recommendations at least 60 days prior
to the data set for the public hearing on such proposed amendment;
(2)
The findings of the Planning Commission shall be submitted to
the Borough Council in a written report. Failure to submit such report
within 60 days shall constitute an approval;
A.
In addition to other remedies, the Borough may institute and maintain
appropriate action by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building structure on premises.
The description by metes and bounds in the instrument of transfer
and other documents used in the process of selling or transferring
shall not exempt the seller or transferrer from such penalties or
from remedies herein provided.
B.
The Borough shall refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of this chapter. This authority to deny such a permit
shall extend to the following applicants:
(1)
The owner of record at the time of such violation.
(2)
The vendee or lessee of the owner of record at the time of such
violation without regard as to whether such vendee or lessee had actual
or constructive knowledge of the violation.
(3)
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
(4)
The vendee or lessee or the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for development of any such real property, Council shall require compliance
with the conditions that would have been applicable to the property
at the time the applicant acquired an interest in such real property.
C.
Any person, partnership or corporation, who or which has violated
the provisions of the 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 costs, including reasonable
attorney's fees incurred by the Borough as a result thereof.
No judgement 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 a judgment,
then the Borough shall enforce the judgment pursuant to the applicable
rules of civil procedure.
D.
Each day that a violation continues shall constitute a separate violation,
unless the Magisterial District Judge determining there has been a
violation further determines that there was a good faith 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.
