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Editor's Note: This article was amended 6-12-2013 by Ord. No. 2013-03 to repeal "inconsistent parts … with respect to the fees, expenses or costs only permitted or outlined" herein and to provide that "sections, parts or subsections authorizing or permitting the charging of fees, expenses or costs" herein are amended to "permit changes in said fees, expenses or costs by resolution at any time by the Langhorne Borough Council."
A. 
If any building or structure is erected, constructed, reconstructed, altered repaired, converted, or maintained or if any building, structure, or land is used in violation of this chapter or any regulation made pursuant thereto, in addition to other remedies, the Borough may institute and maintain appropriate actions in law or equity to restrain, correct, or abate violations, to prevent unlawful erection, construction, reconstruction, alteration, repair, use, conversion, or maintenance, to prevent illegal occupancy of a building, structure, premises, or land, or to prevent any illegal act, conduct, business, or use in or about the land or premises. Language, waivers, or description of metes and bounds in a deed, instrument of transfer, or other document used in the sale or transfer of land or premises shall not exempt the seller or transferor from penalty or from the remedies provided. The rights and remedies provided in this chapter and other applicable ordinances, codes, and laws are cumulative and in addition to all other remedies provided by law.
B. 
The Borough, the Zoning Officer, or other officers or officials, may refuse to issue any 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 any provision of this chapter. This authority to deny approvals or permits shall apply to any of the following applicants:
(1) 
The owner of record at the time of the violation.
(2) 
The equitable owner, vendee, or lessee of the owner of record at the time of the violation without regard as to whether the equitable owner, vendee, or lessee had actual or constructive knowledge of the violation.
(3) 
The current owner of record who acquired the property subsequent to the time of violation without regard as to whether the current owner had constructive or actual knowledge of the violation.
(4) 
The equitable owner, vendee, or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether the equitable owner, vendee, or lessee had constructive or actual knowledge of the violation.
(5) 
The general agent, contractor of a building or premises, builder, or architect without regard as to whether the equitable owner, vendee, or lessee had actual or constructive knowledge of the violation.
C. 
No permit shall be issued nor shall any approval be granted to any applicant identified in § 450-1300B, unless the applicant complies with the conditions applicable to the property at the time the applicant acquired an interest in the property, unless the Borough waives the condition(s).
A. 
Any person, partnership, or corporation who has violated any provisions of this chapter, upon being found liable in an enforcement proceeding commenced by the Borough, shall pay a judgment or fine of not more than $500, court costs and attorney fees incurred by the Borough. No judgment shall commence, 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 may enforce the judgment. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge further determines that there was a good faith basis for the person or entity violating this chapter to have believed that there was no violation, in which event there shall be deemed to have been only one violation until the fifth day following the date of determination of a violation by the Magisterial District Judge, and thereafter each day that the violation continues shall constitute a separate violation.
B. 
The Court of Common Pleas, upon petition of the defendant, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
C. 
No person or entity, other than the Borough, shall have the right to commence any action for enforcement of this chapter.
A. 
The Zoning Officer, when acting within the scope of this employment, is authorized and directed to enforce the provisions of this chapter and to institute enforcement proceedings.
B. 
Whenever a violation of this chapter occurs, any resident, tenant, or property owner within the Borough may file a written complaint with the Zoning Officer. The Zoning Officer shall promptly investigate all complaints and report to Borough Council.
C. 
If a violation of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice 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.
D. 
An enforcement notice shall state the following:
(1) 
The name of the owner of record and any other person against whom the Borough 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 this chapter.
(4) 
That the owner of record or other person against whom the Borough intends to take action shall have 15 days to commence steps to comply with this chapter and 30 days within which to complete the steps to be in compliance with the ordinance, unless time is 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 a prescribed period of time in accordance with procedures set forth in this chapter.
(6) 
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.
E. 
No person or entity, other than the Borough, shall have the right to commence any action for enforcement of this chapter.
The existing zoning ordinance, adopted and entitled "The Langhorne Borough Zoning Ordinance of 1976" and the supplements and amendments thereto, are repealed, except as specifically provided. Chapter 306, Obscenity, adopted May 9, 1984, appended hereto; the Chapter 230, Historical Districts, Buildings and Landmarks, adopted March 30, 1994, as amended and appended hereto; and the Borough of Langhorne Stormwater Management Ordinance, adopted October 23, 1993, appended hereto[1] are specifically saved and shall continue in full force and effect. Further provided, however, if the present ordinance is held to be ineffective or invalid by reason of some irregularity in or impediment to its passage, this repealer shall also be ineffective.
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Editor's Note: References to "appended hereto" in this section refer to the Zoning Ordinance adopted 8-23-1995. See now Ch. 306, Ch. 230, and replacement Ch. 366, Part 1, of this Code, respectively.