[Ord. 577, 10/2/1989]
Amendments to this Chapter shall become effective only after
a public hearing held pursuant to public notice in the manner prescribed
for enactment of a subdivision and land development ordinance by the
Pennsylvania Municipalities Planning Code. In addition, in case of
an amendment other than that prepared by the Planning Commission,
the Council shall submit each such amendment to the Planning Commission
for recommendations at least 30 days prior to the date fixed for the
public hearing on such proposed amendment.
[Ord. 577, 10/2/1989]
The decisions of the Planning Commission with respect to the
approval or disapproval of subdivision or land development plans may
be appealed directly to court in the same manner and within the same
time limitations as is provided for zoning appeals in Article X of
the Pennsylvania Municipalities Planning Code.
[Ord. 571, 10/2/1989; as amended by Ord. 595, 10/7/1991]
1. Any person,
partnership or corporation who or which has violated the provisions
of this 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 court costs, including reasonable attorney
fees incurred by the Borough 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 Borough 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 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 district justice and thereafter
each day that a violation continues shall constitute a separate violation.
2. The court
of common pleas, upon petition, may grant an order of stay, upon cause
shown, tolling the per diem judgment 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 Borough 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.