A Zoning Officer shall be designated by the Mt. Jewett Borough
Council. In the absence of the Zoning Officer, the Mt. Jewett Police
Department will act in enforcing any zoning issues and/or violations.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of any zoning ordinance
enacted under this act or prior enabling laws shall, upon being found
liable therefor in a civil enforcement proceeding commencing by a
municipality, pay a judgment of not more than $500, plus all court
costs, including reasonable attorney fees incurred by a municipality
as a result thereof. No judgment shall commence or by imposed, levied
or payable until the date of the determination of the violation by
the Magisterial District Judge. If the defendant neither pays nor
timely appeals the judgment, the municipality 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 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. All judgments, costs and reasonable attorney
fees collected for the violation of zoning ordinances shall be paid
over to the municipality whose ordinance has been violated.
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 judgment.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the municipality the right
to commence any action for enforcement pursuant to this section.[1]
Editor's Note: Original Sec. 1202 of Ord. No. 224, Uniform Construction Code Enforcement, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).