A.
It shall be the duty of the Zoning Officer to take cognizance of
violations of this chapter. He shall investigate each violation which
comes to his attention whether by observation or communication. He
or she shall order in writing the correction of such conditions as
are found to be in violation of this chapter.
B.
Failure to secure a zoning permit or Zoning Hearing Board certificate
when required, previous to the erection, construction, extension,
or addition to a building shall be a violation of this chapter. Failure
to secure any permit required by this chapter shall also be a violation
of this chapter. Failure to comply with any other or decision of the
Zoning Hearing Board shall also be a violation of this chapter.
A.
If it appears to the Borough a violation of the Zoning Chapter has
occurred, the Borough shall initiate enforcement proceedings by sending
an enforcement notice as provided in this section.
B.
The enforcement notice shall be issued to the owner of record of
the parcel on which the violation has occurred, either in person or
certified mail, and to any other person requested in writing by the
owner of record.
C.
The enforcement notice shall state at least the following:
1.
The name of the owner of record and any other person against whom
the Borough intends to take action.
2.
The location of the property in violation.
3.
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of the Chapter, and the steps which must be taken to correct the violation.
4.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
5.
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a prescribed period of time in accordance with
procedures set forth in this Chapter, and 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
as described herein.
A.
Any person, partnership, or corporation who or which has violated
or permitted the violation of the provisions of the Zoning Chapter,
shall upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough, pay a judgment of not more than $1,000 plus
all court costs, including reasonable attorney fees incurred by the
Borough as a result thereof.
B.
No judgment shall commence or be imposed, levied, or payable until
the date of the determination of a violation by the Magisterial District
Judge.
C.
If the defendant neither pays, nor timely appeals the judgment, the
Borough may 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 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
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.
E.
All judgments, costs, and reasonable attorney fees collected for
the violation of the Zoning Ordinance shall be paid over to the Borough.
F.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem penalty pending a final adjudication
of the violation and judgment.
G.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this section.
The Borough Council shall establish a fee schedule in which
shall be listed the various fees for applications, permits, and hearing
in accordance with this chapter. Said fee schedule shall comply with
the PA Municipalities Planning Code and other applicable state regulations
or judgements, and may be amended from time to time as deemed necessary
by resolution of the Borough Council.
The rights and remedies available to the Borough under this
Chapter are cumulative and in addition to, and not exclusive of or
in substitution for, any rights or remedies otherwise available to
the Borough under any other chapter, law or statute.
