[Ord. 273, 2/16/1982]
Unless otherwise provided by law or in this Chapter, no building or structure shall be constructed, erected or extended, and no building, structure or land shall be used or occupied, except for the purposes permitted herein.
[Ord. 273, 2/16/1982; as amended by Ord. 318, 7/7/1987; and by Ord. 348, 9/3/1991]
In case any building, structure, landscaping or land is erected, constructed, reconstructed, altered, repaired, converted, maintained or used in violation of this Chapter, the Borough Council or the Zoning Officer may institute, in the name of the Borough, any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to 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 rights and remedies provided in this Chapter are cumulative and are in addition to all other remedies provided by law.
[Ord. 273, 2/16/1982; as amended by Ord. 279, 10/18/1983; by Ord. 348, 9/3/1991; and by Ord. 463, 4/7/2015]
1. 
Any person, partnership or corporation who or which has violated any of the provisions of this Chapter, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough of Yardley, shall pay a judgement of not more than $500, plus all court costs, plus reasonable attorney fees incurred by the Borough of Yardley 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 magisterial district judge. If the defendant neither pays nor timely appeals the judgment, the Borough of Yardley 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 this Chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one violation until the fifth day following the date of the determination of a violation by the magisterial district judge and thereafter each day that the violation continues shall constitute a separate violation.
2. 
The Court of Common Pleas, upon petition of the defendant, may grant an order of stay, upon cause shown, tolling the per diem judgement pending a final adjudication of the violation and judgement.
3. 
Nothing contained herein shall be construed or interpreted to grant any person or entity other than the Borough the right to commence any action for enforcement pursuant to this Section.
4. 
Whenever any such person specified in Subsection 1 above shall have been notified by the zoning officer in waiting that he/she is violating this Chapter, such person shall commence correction of all violations within 15 days' after notice and correct all violations within 30 days of notice.
5. 
If it appears that a violation of this Chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided below:
A. 
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 regaining that parcel, and to any other person requested in writing by the owner of record.
B. 
An enforcement notice shall state at the following:
(1) 
The name of the owner of record and any other person against whom the Borough of Yardley 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 ordinance.
(4) 
That the owner of record or other persons against whom the Borough intends to take action has 15 days to commence steps to comply with this Chapter and 30 days within which to complete such steps to be in compliance with this Chapter, unless such times are extended in writing by the Zoning Officer, for cause shown.
(5) 
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 30 days of the date of the enforcement notice or not later than the expiration of any extension granted, in writing, by the Zoning Officer.
(6) 
That the failure to comply with the enforcement notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation with sanctions clearly described.