[Ord. 7903, passed 11-12-2009]
Council shall appoint the Zoning Officer who shall administer
and enforce the provisions of this Zoning Ordinance.
[Ord. 7903, passed 11-12-2009]
The Zoning Officer shall interpret and enforce all the provisions
of the Zoning Ordinance and shall have such duties and powers as are
conferred on him by the Zoning Ordinance and are reasonably implied
for that purpose.
(a)
Applications. He shall receive applications for zoning certificates
and building permits and make all inspections in accordance with the
provisions of this Zoning Ordinance.
(b)
Inspections. The Zoning Officer may examine or cause to be examined
all structures and/or land for which an application has been filed
for a zoning certificate and, he may conduct such inspection from
time to time during and at completion of the work for which a zoning
certificate has been issued.
(c)
Nonconforming use. The Zoning Officer may keep an up-to-date list
of all nonconforming uses.
[Ord. 7903, passed 11-12-2009]
(a)
Requirements. Until the Zoning Officer has issued a zoning certificate
applicable thereto, no person shall:
(b)
Expiration. The zoning certificate shall expire six months from the
date of its issuance.
(c)
Application and fees. Each applicant for a zoning certificate shall
present with the application a plan of the property showing clearly
and completely the location, dimensions and nature of any structure
involved and such other information as the Zoning Officer may require
as to compliance with the Zoning Ordinance, together with a filing
fee in the amount of $10.
(d)
Records. The Zoning Officer shall maintain a permanent file of all
zoning certificates and applications as public records.
[Ord. 7903, passed 11-12-2009]
The Zoning Officer may delegate his duties to such Assistant
Zoning Officers as he may deem necessary. Such Assistant Zoning Officers
shall have the powers and duties of the Zoning Officer but shall be
subject to his direction and control.
[Ord. 7903, passed 11-12-2009]
The procedure and time limitations for appeal from any ordinance,
decision, determination order of the Zoning Officer, Zoning Hearing
Board or other applicable agency or officer of the City in the enactment
or administration of the Zoning Ordinance shall be in conformance
with the provisions of the Pennsylvania Municipalities Planning Code,
Act of 1968, P.L. 805, No. 247 as reenacted and amended.
[Ord. 7903, passed 11-12-2009]
(a)
Enforcement notice.
(1)
If it appears to the City of New Castle that a violation of
any zoning ordinance enacted under this act or prior enabling laws
has occurred, the City of New Castle shall initiate enforcement proceedings
by sending an enforcement notice as provided in this section.
(2)
The enforcement notice shall be sent to the owner of record
of the parcel on which the violation has occurred, to any person who
has filed a written request to receive enforcement notices regarding
that parcel, 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 owner of record and any other person against
whom the City of New Castle intends to take action.
B.
The location of the property 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 the ordinance.
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 a prescribed period of time in accordance
with procedures set forth in the ordinance.
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)
Preventative remedies.
(1)
In addition to other remedies, the City of New Castle may institute
and maintain appropriate actions 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
or premises. The description by metes and bounds in the instrument
of transfer of other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
(2)
The City of New Castle may refuse to issue a 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 Ordinance. This authority to
deny such a permit or approval shall apply to any of the following
applicants:
A.
The owner of record at the time of such violation.
B.
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.
C.
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.
(3)
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owners, vendee or lessee
for the development of any such real property, the City of New Castle
may 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)
Enforcement remedies.
(1)
Any person, partnership, or corporation who or which has violated
or permitted the violation of the provisions of this Ordinance shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the City of New Castle, pay a judgment of not more than
$500 plus all court costs, including reasonable attorney fees incurred
by the City of New Castle as a result thereof. No judgment shall commence
or be imposed, levied or payable until the date of the determination
of a violation by the district justice. If the defendant neither pays
nor timely appeals the judgment, the City of New Castle 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 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 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 district justice
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 City of New Castle, whose ordinance has been violated.
(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 judgment.
(3)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the City of New Castle
the right to commence any action for enforcement pursuant to this
section.
(4)
District justices shall have initial jurisdiction in proceedings
brought under this section.
