A. 
Borough Council. Under this chapter, the Borough Council has the duty to:
(1) 
Consider and adopt or reject proposed amendments or the repeal of this chapter as provided by law. The Borough Council cannot hear and decide questions of enforcement that may arise.
(2) 
Appoint and remove members of the Borough Planning Commission, the Zoning Hearing Board and the Zoning Officer.
(3) 
Receive and consider the Borough Planning Commission's ordinance-related recommendations.
(4) 
Ask for recommendations of the Borough Planning Commission on the adoption or amendment of this chapter and for those matters specified in § 303(a) of the PA MPC, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10303(a).
(5) 
Advertise and host a public hearing before adopting a zoning ordinance or any of its amendments.
(6) 
Establish fees for the issuance of land development, building, occupancy and sign permits in accordance with PA MPC § 617.3(e).[2]
[2]
Editor's Note: See 53 P.S. § 10617.3(e).
(7) 
May prescribe fees for processes outlined in PA MPC § 617.3(e).
B. 
Borough Planning Commission. Powers and duties of Borough Planning Commission are those outlined in § 209.1[3] and Article III of the PA MPC, as amended.
[3]
Editor's Note: See 53 P.S. § 10209.1.
C. 
Zoning Hearing Board. Powers and duties of the Zoning Hearing Board are those outlined in Article IX of the PA MPC, as amended, in addition to the provisions of this chapter.
(1) 
Membership.
(a) 
There shall be a Zoning Hearing Board which shall consist of three members who shall be appointed by resolution by the Borough Council.
(b) 
The membership of the Zoning Hearing Board shall consist of residents of the Borough. Their terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year.
(c) 
The Zoning Hearing Board shall promptly notify the Borough Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term.
(d) 
Members of the Zoning Hearing Board shall hold no other office in the Borough.
(e) 
Any member of the Zoning Hearing Board may be removed for malfeasance, misfeasance, or nonfeasance in office or for other just cause by a majority vote of the Borough Council taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
(f) 
The Borough Council may appoint by resolution at least one but no more than three residents of the municipality to serve as alternate members of the Zoning Hearing Board.
(g) 
The term of office of an alternate member shall be three years.
(2) 
Variances.
(a) 
The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Zoning Hearing Board may, by rule, prescribe the form of application to the Zoning Officer. The Zoning Hearing Board may grant a variance, provided that all of the following findings are made where relevant in a given case:
[1] 
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or zone in which the property is located.
[2] 
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable reasonable use of the property.
[3] 
That such unnecessary hardship has not been created.
[4] 
That the variance, if authorized, will not alter the essential character of the zone or neighborhood in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
[5] 
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulations at issue.
[6] 
In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter.
D. 
Zoning Officer.
(1) 
Duties generally involve:
(a) 
The day-to-day administrative procedures of this chapter.
(b) 
Receiving, reviewing, and issuance of building and zoning permits and certificates of occupancy, maintaining records of applications and permits, performing inspections to determine compliance with this chapter.
(c) 
Notification of persons violating this chapter.
(d) 
Keeping this chapter and map up-to-date.
(e) 
Accepting applications for and presenting facts at hearings before the Zoning Hearing Board.
(2) 
The Borough Council may amend the duties of the Zoning Officer as deemed necessary for the health, safety, and welfare of residents.
(3) 
The Zoning Officer:
(a) 
Must administer this chapter by its literal terms.
(b) 
Does not have any discretionary power and can neither waive nor tighten any requirement of the chapter.
(c) 
Is required to meet qualifications established by the Borough of Marietta and the Pennsylvania MPC and must be able to demonstrate a working knowledge of the municipal zoning.
(d) 
May also serve as the Building Inspector.
E. 
Building Inspector.
(1) 
The Building Inspector enforces this chapter by issuing building permits and occupancy permits for only such structures and uses that comply with the provisions of this chapter. The Building Inspector conducts all inspections necessary to determine compliance with the chapter and maintains records thereof.
(2) 
The Building Inspector is responsible for:
(a) 
Maintaining all of the records of this chapter including, but not limited to, all maps, amendments and variances, nonconforming use appeals and applications.
(b) 
Collecting fees that accompany applications for building and occupancy permits and variances.
(c) 
Receiving, filing and forwarding to the Borough Council and the Borough Planning Commission for action all applications for amendments to this chapter.
(d) 
Receiving, filing and forwarding to the Zoning Hearing Board all application for variances and appeals.
(3) 
The Building Inspector may also serve as the Zoning Officer.
A. 
Enforcement notice.
(1) 
If it appears to the Borough of Marietta that a violation of this chapter has occurred, the Borough of Marietta will initiate enforcement proceedings by sending an enforcement notice as provided in this chapter.
(2) 
The enforcement notice must be sent to the owner of the lot on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that lot, 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 landowner and any other person against whom the Borough of Marietta intends to take action.
(b) 
The location of the lot 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 the time frame as defined by the enforcement notice.
(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.
B. 
Remedies.
(1) 
Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of this chapter must, upon being found liable in a civil enforcement proceeding commenced by the Borough of Marietta, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough of Marietta as a result thereof. No judgment may commence or be imposed, levied, or be payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor appeals the judgment in a timely manner, the Borough of Marietta may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues constitutes 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 this chapter to have believed that there was no such violation, in which event there can 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 will constitute a separate violation. All judgments, costs, and reasonable attorney fees collected for the violation of this chapter must be paid to the Borough of Marietta. The appropriate officers, their agents or the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance with the chapter.
(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 judgments.
(3) 
Nothing contained in this section can be construed or interpreted to grant to any person or entity other than the Borough of Marietta the right to commence any action for enforcement pursuant to this section.