Borough of Jim Thorpe, PA Administration and Enforcement

Upon completion of the above actions, the applicant shall apply to the Zoning Officer for an occupancy permit, where such permit is required.

If the Zoning Officer finds the actions of the applicant are in compliance with the zoning permit, approved plans and any other required Borough permits, an occupancy permit shall be issued to allow the premises to be occupied.

§ 500-59 Permits and certificates.

Zoning permit required. Any of the following activities or any other activity regulated by this chapter shall only be carried out after receipt of a zoning permit and in compliance with this chapter:

Erection, construction, movement, placement or extension of a structure, building or sign.

Change of the type of use or expansion of the use of a structure or area of land.

Creation of a lot or alteration of lot lines.

Repairs and maintenance. Ordinary repairs and maintenance to existing structures that do not infringe upon a required setback may be made without a permit under this chapter, if such work does not involve a change in use or an expansion, construction or placement of a structure and does not involve any other activity regulated by this chapter.

Types of uses.

Permitted-by-right uses. The Zoning Officer shall issue a permit under this chapter in response to an application for a use that is permitted by right if it meets all of the requirements of this chapter.

Special exception use or use requiring a variance. A permit under this chapter for a use requiring a special exception or variance shall be issued by the Zoning Officer only upon the written order of the Zoning Hearing Board after a hearing.

Conditional use. A permit under this chapter for a conditional use shall be issued by the Zoning Officer only upon the written order of the Borough Council, after the Planning Commission has been given an opportunity to review the application.

Applications.

Any request for a decision or variance by the Zoning Hearing Board or an appeal to the Board of a determination of the Zoning Officer or a request for a zoning permit shall be made in writing on a form provided by the Borough. Such completed application, with any required fees, and with any required site plans or other required information, shall be submitted to the Zoning Officer. The applicant is responsible to ensure that the Zoning Officer notes the date of the official receipt on the application.

Six copies of a site plan shall be submitted if an application requires action by the Zoning Hearing Board, and three copies shall be submitted if action by the Board is not required. Such site plan shall be drawn to scale.

Any application to the Zoning Officer or Zoning Hearing Board shall include the following information, unless the Zoning Officer determines that a site plan or such information is unnecessary to determine compliance with this chapter:

The location and dimensions of the lot.

Locations, dimensions and uses of existing and proposed structures, parking and loading areas and locations of existing and proposed uses of areas of land.

(c)

The name and address of the applicant or appellant.

(d)

The name and address of the owner of the affected property.

(e)

A description of the proposed use of property.

(f)

Locations of individual or clusters of healthy trees over six inches in trunk diameter (measured four feet above the adjacent ground level) proposed to be removed or preserved.

(g)

Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this chapter.

(h)

All other applicable information listed on the official Borough application form.

Submittals to the Board. An application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determination of whether the proposal complies with this chapter:

The information listed in Subsection D(3) above.

The present zoning district and major applicable lot requirements.

(c)

A description of the proposed nonresidential operations and storage in sufficient detail to indicate potential nuisances and hazards regarding noise, large truck or other vehicle traffic, glare, odors, dust, fire or toxic or explosive hazards or other significant public health and safety hazards.

(d)

If a nonresidential use is proposed within close proximity to dwellings, a description of hours of operation.

(e)

A listing of any sections of this chapters being appealed, with the reasons for any appeal.

The Zoning Officer may submit a copy of any plan and application to any appropriate agencies and/or individuals (such as the Planning Commission or Borough Engineer) for review and comment.

Other laws. The Zoning Officer may delay issuance of a permit under this chapter if the Zoning Officer has reason to believe that such a use would violate another Borough, state, or federal law or regulation, until the applicant proves compliance. However, if the applicant proves that the proper application(s) for a state or federal approval have been duly submitted, then a permit under this chapter may be issued conditioned upon such future state or federal approval.

(7)

Ownership. No person other than the legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land, shall submit a zoning application.

Issuance of permit.

The Zoning Officer should issue or refuse an application for a zoning permit for a permitted-by-right use within 15 days after the date a complete application is received, except as specifically provided for in this chapter (such as if a site plan review is required) and except if an extension is granted by the applicant.

At least three copies of any permit required under this chapter shall be made.

One copy of any such permit shall be retained in Borough files and one copy shall be retained by the applicant. A copy of any such permit shall be shown by the applicant to the Zoning Officer upon the Zoning Officer's request.

Changes to approved plans.

After the issuance of a permit and/or approval of a site plan under this chapter by the Borough, such approved application and/or site plan shall not be changed without the written consent of the Zoning Officer.

Changes to a site plan approved by the Zoning Hearing Board as a special exception use or by the Borough Council as a conditional use shall require reapproval of the changes by such bodies if the Zoning Officer determines that such changes significantly affect matters that were within their approval. Such approval by the Hearing Board or the Council is not required for minor technical adjustments or corrections of information that do not affect the significant features of the site plan and the intensity of the use, as determined by the Zoning Officer.

Expiration of permits. A zoning permit shall expire after one year from the date of issuance, unless:

Such work begins within such time and is duly continued; or

Such permit is extended by the Zoning Officer for an additional ninety-day period.

Within 12 months after the initiation of work under a zoning permit, when such permit involves new construction or expansion of a building, the exterior of the building shall be completely finished, the lot shall be brought up to grade, the surrounding ground level shall be smoothed and no stockpiles of earth shall remain around the building.

Revocation of permits. The Zoning Officer shall revoke a permit or approval issued under the provisions of this chapter in case of:

Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based. (The Pennsylvania Criminal Code provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties.)

Violation of any condition lawfully imposed upon a special exception or conditional use.

Any work being accomplished or use of land or structures in such a way that does not comply with this chapter or an approved site plan or approved permit application.

Any other just cause set forth in this chapter.

Certificate of use and occupancy.

It shall be unlawful to use and/or occupy any structure, building, sign and/or land or portion thereof for which a permit is required herein until a certificate of use and occupancy for such structure, building, sign and/or land or portion thereof has been issued by the Zoning Officer.

The applicant shall apply for a certificate of use and occupancy using forms supplied by the Borough.

The application shall state the intended use and/or occupancy of any structure, building, sign and/or land or portion thereof.

The Zoning Officer should inspect the structure, building, sign or land within 10 days after receiving notification that the work provided for in the permit application has been completed. If the Zoning Officer is satisfied that such work is in compliance with the permit and the Borough regulations, the certificate of use and occupancy shall be issued.

The applicant shall keep the original or a true copy of the certificate of use and occupancy available for official inspection at all times.

Other permits. See other applicable Borough ordinances concerning other required permits, such as electrical and plumbing codes.

Certificate of nonconforming use or structure.

The Zoning Officer may, but is not required to, identify and register nonconforming uses and structures.

When specifically requested by the landowner, and when sufficient evidence is provided by the landowner of such fact, the Zoning Officer shall issue a certificate of nonconformity. Such certificate shall state that a lot or structure is legally nonconforming, to the best knowledge of the Zoning Officer.

§ 500-60 Zoning Officer.

Appointment.

The Zoning Officer(s) shall be appointed by the Borough Council. The Zoning Officer(s) shall not hold any elective office within the Borough, but may hold other appointed offices. Such Zoning Officer(s) may include a Deputy Zoning Officer, who may exercise all of the powers of the Zoning Officer.

The compensation for the Zoning Officers shall be determined by the Borough Council. The Zoning Officer(s) shall continue to serve until such time as the Borough Council may declare otherwise.

Duties and powers. The Zoning Officer shall:

Administer this chapter.

Receive and examine all applications required under the terms of this chapter and issue or refuse permits within this chapter.

Receive complaints of violation of this chapter and issue a written notice of violation to any person violating any provision of this chapter.

Keep records of applications, permits, certificates, written decisions and interpretations issued, of variances granted by the Board, of complaints received, of inspections made, of reports rendered and of notice or orders issued, and make all required inspections and perform all other duties as called for in this chapter.

The Zoning Officer shall not have the power to permit any activity which does not conform to this chapter.

§ 500-61 Zoning Hearing Board actions and variances.

Appointment; term. The membership of the Zoning Hearing Board shall consist of five residents of the Borough appointed by resolution by the Borough Council. The terms of office shall be five years and shall be fixed that the term of office of one member shall expire each year. The Board shall promptly notify the Borough Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion. Members of the Board shall hold no other office in the Borough. The Borough Council may appoint by resolution at least one but not more than three residents of the Borough to serve as alternate members of the Board. The term of office of an alternate member will be three years. When seated pursuant to the provisions of this section, an alternate member shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by the Municipalities Planning Code.

[Amended 4-10-2008 by Ord. No. 2008-3[1]]

Editor's Note: This ordinance also repealed former Subsection B, Vacancies, which immediately followed this subsection.

Removal of members. See Section 905 of the Pennsylvania Municipalities Planning Code.[2]

Editor's Note: See 53 P.S. § 10905.

Organization.

Officers. The Board shall elect officers from its own membership. Officers shall serve annual terms and may succeed themselves.

Quorum. For the conduct of any hearing and taking of any action, a quorum shall not be less than a majority of all members of the Board, except that the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board, as provided by the Pennsylvania Municipalities Planning Code.

Rules. The Board may make, alter and rescind rules and forms for its procedure, consistent with all applicable Borough ordinances and state law.

Fees. See § 500-66, Filing fees and costs.

Zoning Hearing Board functions. In addition to any other responsibilities stated in the Pennsylvania Municipalities Planning Code, the Zoning Hearing Board shall be responsible for the following:

Appeal of a decision by the Zoning Officer.

The Board shall hear and decide appeals where it is alleged by the appellant (a person affected or any agency of the Borough) that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any valid provision of this chapter.

See time limitations for appeals in Subsection F.

Challenge to the validity of the ordinance or map.

The Board shall hear challenges to the validity or this chapter filed with the Board, in writing, by the landowner affected, any officer or agency of the Borough or any person aggrieved.

After the conclusion of the hearing(s), the Board shall decide all questions and shall make findings on all relevant issues of fact, within the time limits of the Pennsylvania Municipalities Planning Code.

Variance.

The Board shall hear requests for variances filed with the Board in writing by any landowner (or any tenant with the permission of such landowner).

Standards. The Board may grant a variance only within the limitations of state law (as of 1996, the Municipalities Planning Code), provided that all of the following findings must be made, where relevant:

There are unique physical circumstances or conditions (including irregularity, narrowness or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property) and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.

Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and a variance is therefore necessary to enable the reasonable use of the property.

[3]

Such unnecessary hardship has not been created by the appellant.

[4]

The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development or adjacent property, nor be detrimental to the public welfare.

[5]

The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

(c)

In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.

Special exception.

The Board shall hear and decide requests for all special exceptions filed with the Board in writing by any landowner (or any tenant with the permission of such landowner), as provided in this chapter and in accordance with such standards and criteria contained in this chapter and the procedures for special exception uses.

Conditions. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes and intent of this chapter.

Hearings. See the section regarding Board decisions and hearings following this section.

Records and reports. The staff to the Board shall keep full public records of its business.

(7)

Court appeals. In the case of an appeal from the Board to the Court of Common Pleas, the appellant shall make the return required by law and should promptly notify the Borough Zoning Hearing Board Solicitor of such appeal.

(8)

Appeal by the Zoning Officer. In case of any uncertainty in the interpretation of district boundaries, the Zoning Hearing Board shall determine their location. Applicants for such a hearing shall not be subject to hearing fees for hearings made necessary by uncertainty on the part of the Zoning Officer.

Applications to the Board. See § 500-59D.

Time limitations for appeals. The time limitations for appeals shall be as follows:

No person shall be allowed to file any appeal with the Zoning Hearing Board later than 30 days after the decision by the Zoning Officer that is being appealed has been officially issued or appeal with the County Court of Common Pleas later than 30 days after a decision of the Zoning Hearing Board has been officially issued, except as may be provided under Section 914.1 of the Pennsylvania Municipalities Planning Code.[3]

[3]

Editor's Note: See 53 P.S. § 10914.1.

The failure of an aggrieved person other than the landowner to appeal an adverse decision directly related to a preliminary subdivision or land development plan shall preclude an appeal from a final plan approval except in the case where the final submission substantially deviates from the approved preliminary plan.

This thirty-day time limit for appeals shall not apply to the revocation of a permit by the Borough.

Stay of proceedings. See Section 915.1 of the Pennsylvania Municipalities Planning Code.[4]

[4]

Editor's Note: See 53 P.S. § 10915.1.

Time limitations on permits and variances.

After a variance is approved or approval is officially authorized under this chapter, then a permit shall be secured by the applicant within six months after the date of such approval or authorization. Such action under such permit shall then begin within 12 months of the issuance of the permit. For completion deadlines for exterior work, see § 500-59, Permits and certificates, Subsection D(6).

If the applicant submits complete plans for a required site plan review or subdivision or land development approval or special exception or conditional use approval that is related to the variance or issuance of a permit under this chapter within the above time limits, then such time limits shall begin after such plan review is completed or such plan approval is granted.

For good cause, the Zoning Officer may, upon application in writing stating the reasons therefore, extend in writing the application period to up to 18 months.

If an applicant fails to obtain the necessary permits within the above time period or after obtaining the permit fails to diligently commence substantial construction within 12 months or allows interruptions in substantial construction of longer than six months, it shall be conclusively presumed that the applicant has waived, withdrawn or abandoned the approval, and the Board may, after 10 days' minimum written notice, rescind or revoke all such approvals, variances and permits if the Board finds that such rescission or revocation is justified.

§ 500-62 Board hearings and decisions.

The Board shall conduct hearings and make decisions in accordance with the following:

Notice of hearings. Notice of all hearings of the Board shall be given as follows:

Ad. Public notice shall be published, as defined by Section 107 of the PA Municipalities Planning Code.[1] The notice shall state the time and place of the hearing and the particular nature of the matter to be considered.

Editor's Note: See 53 P.S. § 10107.

Posting. Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. It is the responsibility of the applicant to ensure that such notice is posted and remains posted until the hearing.

Persons given notice. Written notice shall be given to the applicant and the Zoning Officer. Notice should be given to the Planning Commission, Borough Council and owners of record of property abutting or directly across the street from the lot lines for the subject property. Also, such notice shall be given to any other person or group (including civic or community organizations) who has made a written timely request for such notice. Any such notices should be mailed or delivered by a Borough representative to the last address known to the Borough. Such notice should be intended to be received at least two weeks prior to the hearing date.

Adjacent municipalities. In any matter which relates to a property which lies within 500 feet of the boundary of another municipality, except boundaries separated by a perennial river, and which the Borough staff determines may have a significant impact on that municipality, the Borough staff should transmit to the offices of the adjacent municipality a copy of the official notice of the public hearing on such matter at least seven days prior to the hearing date. Representatives of any adjacent municipality shall have the right to appear and be heard at the public hearing.

Fees. The Borough Council may, by resolution, establish a reasonable fee schedule, based on cost, to be paid by the applicant for any notice required by this chapter and those persons requesting any notice not required by this chapter.

Parties in hearings.

The parties to a hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board.

The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.

Oaths and subpoenas. The chair of the Board or Hearing Officer shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents reasonably needed by and requested by the parties.

Representation by counsel. The parties shall have the right to be represented by legal counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on relevant issues.

Evidence and record. Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded. The Board or the hearing officer, as applicable, shall keep a record of the proceedings as required by state law.

Communications outside of hearings.

The Board shall not meet with, visit the site with or directly communicate specifically on the matter with the applicant or any officially protesting party or their representatives in connection with any issue involved, except if opportunity is provided for the applicant and any officially protesting party to participate.

The Board shall not take notice of any communication, reports, staff memoranda or other materials unless the parties are afforded an opportunity to examine and contest the material so noticed. This restriction shall not apply to advice from the Board's solicitor.

Advisory reviews. The Zoning Hearing Board may request that the Planning Commission or Borough Engineer provide an advisory review on any matter before the Board. Such review may also be volunteered by the Planning Commission.

Initiation of hearings. A hearing required under this chapter shall be initiated within 60 days of the date of an applicant's request for a hearing, unless the applicant has agreed in writing to an extension of time. A request for a hearing by an applicant shall not be accepted prior to submission of a duly filed application.

Decision; findings.

The Board shall render a written decision or make findings (when no decision is called for) on each application within 45 days after the last hearing on that application before the Board, unless the applicant has agreed in writing to an extension of time.

Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons for such conclusions.

Any conclusion based on any provision of the Pennsylvania Municipalities Planning Code or of this chapter shall contain a reference to the provision relied on.

Notice of decision. A copy of the final decision or a copy of the findings (when no decision is called for), shall be personally delivered or mailed to the applicant or his/her representative at their last known address not later than the time limit established by Section 908 of the Pennsylvania Municipalities Planning Code.[2] The Board shall provide, by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined to all other persons who have filed their name and address with the Board not later than the last day of the hearing.

Editor's Note: See 53 P.S. § 10908.

§ 500-63 Appeals.

In general. All appeals of this chapter or any action of the Borough Council, the Zoning Officer or the Board under this chapter shall conform with Article X-A of the State Municipalities Planning Code.[1]

Editor's Note: See 53 P.S. § 11001-A et seq.

Procedural defects in enactment. Allegations that this chapter or any amendment was enacted in a procedurally defective manner shall be appealed directly to the court and be filed not later than 30 days from the intended effective date of the ordinance or amendment.

To the Zoning Hearing Board. Appeals to the Board shall comply with the requirements stated in the previous section.

§ 500-64 Amendments to this chapter.

Borough Council may amend, challenge or repeal any or all portions of this chapter on its own motion or upon agreeing to hear a written request of any person, entity or the Planning Commission.

Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon, following the procedural requirements of the State Municipalities Planning Code, including public notice.

Review of amendments.

In the case of an amendment other than that prepared by or under the direction of the Planning Commission, the Borough Council shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment and permit the Commission an opportunity to provide recommendations.

The Borough shall submit the proposed amendment to any county planning agency for recommendations at least 30 days prior to the hearing on such proposed amendment. See Section 609(e) of the Municipalities Planning Code.[1]

Editor's Note: See 53 P.S. § 10609(e).

Changes after a hearing. If, after any public hearing held upon an amendment, the proposed amendment is revised or further revised to include or exclude land previously not affected by it, the Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.

Application for ordinance amendment. Any request for amendment of this chapter (including supplement, change or repeal) by any person or entity (other than the Borough staff, Planning Commission, Borough Council or committee appointed by the Borough Council or under the direct oversight of such entity) shall include the following:

A statement of why the change would be in the best interests of the Borough.

A statement addressing any adverse affects on adjacent residences.

A statement addressing any major traffic access or congestion concerns.

A map showing the proposed boundaries of any proposed map changes, the existing zoning of the land and of adjacent lands and the current uses of adjacent lots.

A statement explaining proposed extensions and major improvements, if needed, of public water and sewer systems to serve the land area.

An escrow account to fund actual costs of legal advertisements and professional reviews of the proposed amendment.

Traffic impacts of zoning amendments. The Planning Commission or the Borough Council may require an applicant for a zoning amendment to fund a traffic impact study following standard methods and completed by a qualified traffic engineer. Such a study shall take into account the entire land area proposed for a change, with an emphasis on the net projected traffic increases from the proposed amendment compared to the existing zoning, based upon reasonable assumptions about the intensity and type of development.

Notification of proposed Zoning Map amendment. If a Zoning Map amendment is requested by a private entity and is not considered at the same public hearing as Zoning Map amendments proposed by Borough officials, then at least 10 days prior to the hearing on the proposed change, the applicant shall send or have delivered, in person, written notice of the proposed change, including the hearing date and time and a Borough official to contact for more information. Such notice shall be provided to all owners of record of all property proposed to be rezoned (other than the applicant) and all property directly abutting the land to be rezoned.

Time guideline on reviewing amendment. If a zoning amendment is properly requested in writing and submitted together with any required fees to the Zoning Officer outside of the curative amendment process, the Planning Commission should hold an initial public meeting on such proposed amendment within 60 days of receiving such request, unless the Commission determines at a regular meeting that such request if not worthy of further consideration.

§ 500-65 Curative amendments.

Submittal. A landowner who desires to challenge on substantive grounds the validity of this chapter which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Borough Council with a written request that this challenge and proposed amendment be heard and decided as provided in the Pennsylvania Municipalities Planning Code.

Curative fees. For a curative amendment request, the applicant shall pay the Borough all fees required under the applicable Borough fee schedule and, at a minimum, shall compensate the Borough for all actual expenses for legal advertising.

§ 500-66 Filing fees and costs.

Fee schedule. The Borough Council has established by resolution a schedule of fees and a collection procedure relating to all specifications filed pertaining to this chapter. The fee schedule may be based upon the type of application and the breadth of the proposed development (such as acreage, numbers of lots and type of use) to most accurately reflect the Borough's actual costs.

No application or appeal shall be considered filed until all fees are paid, and the form supplied by Zoning Department is completed.

§ 500-67 Enforcement; violations and penalties.

Powers and duties. If the Zoning Officer shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation, and ordering the action necessary to correct it. Such action may include ordering the discontinuance of unlawful use of land or structures, the removal of unlawful structures or unlawful additions and alterations, the discontinuance of any unlawful work being done, or such other action as is deemed necessary to correct the violation. In addition to civil enforcement proceeding, the Zoning Officer shall, with the approval of the Borough Council or when directed by them, institute appropriate action or proceeding in the name of the Borough to prevent, restrain, correct or abate the violation.

Enforcement notice. The Zoning Officer shall send an enforcement notice to the owner of record, to any person who has filed a written request to receive an enforcement notice or any other person against whom the Borough intends to take action, substantially in the form prescribed by Section 616.1 of the Pennsylvania Municipalities Planning Code[1]. The Zoning Officer is hereby authorized to institute civil enforcement proceedings as provided by Section 10617.2 of the Pennsylvania Municipalities Planning Code[2] as a means of enforcement.

Editor's Note: See 53 P.S. § 10616.1.

Editor's Note: See 53 P.S. § 10617.2.

Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Officer. The Zoning Officer shall record the complaint, investigate immediately, and take action thereon as provided by this chapter. The Zoning Officer shall provide a written response to the complainant stating his factual findings regarding the alleged violation and the follow up actions taken.

Aggrieved person. Any aggrieved owner or tenant of real property may institute any appropriate proceeding to prevent a violation of this chapter upon proper notice to the Borough pursuant to the requirements of Section 617 of the Pennsylvania Municipalities Planning Code.[3]

[3]

Editor's Note: See 53 P.S. § 10617.

Interpretation of ordinance provisions. The Zoning Officer shall administer this chapter in accordance with its literal terms. He shall not have the power to permit any construction or any use or change of use which does not conform to this chapter. Should the Zoning Officer be in doubt as to the meaning or intent of any provision of this chapter, or as to the location of any district boundary line on the Official Zoning Map, or as to the propriety of issuing a zoning permit in a particular case, he shall appeal the matter to the Zoning Hearing Board, as provided in this chapter, for interpretation and decision.

Inspection of premises. The Zoning Officer shall have the right and authority of applicable law, at any reasonable hour, to enter any building, structure, premises, lot or land, whether already erected or in use, or under construction, for the purpose of determining whether or not the provisions of this chapter are being complied with.

Any person, partnership or corporation who or which has violated or permitted the violation of any provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough of Jim Thorpe, 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 Magisterial District Judge. 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 Magisterial District Judge determining that there as been a violation further determines that there was a good-faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event, until the fifth day following the date of the determination of violation by the Magisterial District Judge 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 this chapter shall be paid over to the Borough. If a party appealing an enforcement notice wins before the Zoning Hearing Board or prevails in a subsequent court appeal, the filing fee must be returned.

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.

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.

§ 500-68 Liability.

Neither the approval nor the granting of any review, issuance of permit or approval related to construction, activity within the floodplain, site plan review, subdivision or land development approval, erosion control, stormwater runoff, activity on steep slopes or any other review or permit of this chapter, by an officer, employee, consultant or agency of the Borough, shall constitute a representation, guaranty or warranty of any kind by the Borough, or its employees, officials, consultants or agencies, of the practicality or safety of any structure, use or subdivision and shall create no liability upon, nor a cause of action against, such public body, official, consultant or employee for any damage that may result pursuant thereto.

If the Zoning Officer mistakenly issues a permit under this chapter, the Borough shall not be liable for any later lawful withdrawal of such permit for valid cause shown.

§ 500-69 Public utility exemptions.

See Section 619 of the Pennsylvania Municipalities Code.[1]