Failure to secure a building permit or Zoning Hearing Board
Certificate, when required, previous to the erection, construction,
extension or addition to a building or failure to secure a use registration
permit shall be a violation of this chapter.
In case of a violation of any of the provisions of this chapter,
notice shall be sent to the owner of record of the parcel in 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,
or to the agent or occupant, contractor or builder who has caused
the violation. The enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom
the municipality 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 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.
Notice that the recipient has the right to appeal to the Zoning Hearing
Board within a prescribed period of time in accordance with the procedures
set forth in this chapter;
F.
Notice that the failure to comply with the enforcement notice within
the time limit specified, unless extended by appeal to the Zoning
Hearing Board, constitutes a violation with the possible sanctions
as clearly described.
Any person, partnership or corporation who or which has violated
or permitted the violation of 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 attorneys' fees incurred by
the Borough as a result thereof. Each day that a violation continues
shall constitute a separate violation unless the Magisterial District
Judge determines that there was a good faith basis for the person,
partnership or corporation violating the ordinance or permitting the
violation 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 the violation
continues shall constitute a separate violation.
In case any building or structure is, or is about to be, erected,
constructed, reconstructed, altered, repaired, converted or maintained,
or any building, structure or land is used or any hedge, tree, shrub
or other growth is maintained, in violation of this chapter or of
any regulation made pursuant hereto, in addition to other remedies
provided by law, any appropriate action or proceedings, whether by
legal process or otherwise, may be instituted or taken to prevent
such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, or restrain, correct or abate
such violation, to prevent the occupancy of said building, structure
or land, or to prevent any illegal act, conduct, business or use in
or about such premises.
The charges for permits, Zoning Hearing Board certificates,
etc., shall be fixed in accordance with a fee schedule adopted by
resolution of the Borough Council upon the enactment of this chapter,
or as such schedule may be amended by resolution of the Borough Council.[1]
[1]
Editor's Note: The current Fee Schedule is on file in
the Borough offices.
