Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See §
220-3A.
This chapter is hereby adopted:
A. In accordance with the requirements and purposes [including
Sections 604 and 605 or their successor section(s), which are included
by reference] of the Pennsylvania Municipalities Planning Code, as amended; and
B. In accordance with goals and objectives of the Columbia
Comprehensive Plan, which are hereby included by reference.
All of the enforcement, violations and penalty
provisions of the State Municipalities Planning Code, as amended,
are hereby incorporated into this chapter by reference. (Note: As
of the adoption date of this chapter, these provisions were primarily
in Sections 616.1, 617 and 617.2 of such Act.)
A. Violations. Any person who shall commit or who shall
permit any of the following actions violates this chapter:
(1) Failure to secure a zoning permit prior to a change
in use of land or structure, or the erection, construction or alteration
of any structure or portion thereof, or the excavation of land to
prepare for the erection, construction or alteration of any structure
or portion thereof.
(2) Placement of false statements on or omitting relevant
information from an application for a zoning permit.
(3) Undertaking any action in a manner which does not
comply with a zoning permit.
(4) Violation of any condition imposed by a decision of
the Zoning Hearing Board in granting a variance or special exception
or other approval.
(5) Violation of any condition imposed by a decision of
the Borough Council in granting a conditional use.
(6) Failure to secure a demolition permit prior to demolition
of a building.
(7) Failure to obtain a certificate of appropriateness where required under Chapter
130, Historic District.
B. Enforcement notice. If the Borough has reason to believe
that a violation of a provision of this chapter has occurred, the
Borough shall initiate enforcement proceedings by sending an enforcement
notice as provided in Section 616.1 of the State Municipalities Planning
Code. Prior to sending an official enforcement notice, the Zoning
Officer may at his/her option informally request compliance.
C. Time limits. An official enforcement notice shall
state the deadline to complete bringing the property into compliance
with this chapter, and shall state that the applicant has 30 days
from the receipt of the notice to appeal to the Zoning Hearing Board.
D. Causes of action; enforcement remedies. The causes
of action and enforcement remedies provisions of the State Municipalities
Planning Code, as amended, are hereby incorporated by reference. (Note:
As of the adoption date of this chapter, such provisions were in Section
617 of such law.)
(1) Enforcement action. If the enforcement notice is not
complied with promptly, the Zoning Officer shall notify Borough Council.
Borough Council may request the Borough Solicitor to institute in
the name of the Borough any appropriate action or proceeding at law
or in equity to prevent, restrain, correct or abate such violation
or to require the removal or termination of the unlawful use of the
structure, building, sign, landscaping or land in violation of the
provisions of this chapter or the order or direction made pursuant
thereto. The Zoning Officer or Assistant Zoning Officer shall have
the authority to initiate a civil enforcement proceeding before a
District Justice, within the procedures established by Sections 616.1,
617, 617.1 and 617.2 of the Pennsylvania Municipalities Planning Code,
as amended, which are hereby incorporated by reference.
(2) Violations and penalties. Any person who 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 the reasonable attorney's fees incurred
by the Borough as a result thereof. No judgment shall commence or
be imposed, levied or be 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.
(a)
Each day that a violation continues shall constitute
a separate violation, unless a District Justice determining that there
has been a violation further determines that there was a good faith
basis for the person 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.
(b)
All judgments, costs and reasonable attorney's
fees collected for the violation of this chapter shall be paid over
to the Borough for the general use of the Borough.
(c)
Imprisonment shall not be authorized under this
chapter for failure to pay fines.
(3) Remedies. In case any building, structure, sign or
landscaping is erected, constructed, reconstructed, altered, repaired,
converted or maintained; or any building, structure, sign or land
is used; or any hedge, shrub, tree or other growth is maintained in
violation of this chapter or of any of the regulations made pursuant
thereto or any of the permits or certificates of use and occupancy
issued under this chapter or any conditions imposed upon the grant
of a special exception or variance by the Zoning Hearing Board or
upon the grant of a conditional use, then, in addition to any other
remedies provided by law, any appropriate action or proceeding may
be instituted or taken to prevent or restrain such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use or to prevent any illegal act, conduct, business or use in
and about such premises.
E. Enforcement evidence. In any appeal of an enforcement
notice to the Zoning Hearing Board, the Borough shall have the responsibility
of presenting its evidence first.
A Borough fee schedule for permits and applications
may be established and amended by written resolution of Borough Council.
No application or appeal shall be considered filed until all fees
are paid.
Within the requirements of the State Municipalities
Planning Code, Borough Council may amend or repeal any or all portions
of this chapter on its own motion, or after agreeing to hear a written
request of any person, entity, landowner or the Planning Commission.
A landowner or Borough Council may utilize the
curative amendment provisions of the State Municipalities Planning
Code. (Note: As of the adoption date of this chapter, these such provisions
were in Sections 609.1, 609.2 and 916.1 of such Act.)
The following requirements shall apply to procedures,
hearings and decisions of the Zoning Hearing Board:
A. Notice of hearings. Notice of all hearings of the
Board shall be given as follows:
(1) Ad. Public notice shall be published, as defined by
Section 107 of the State Municipalities Planning Code. The notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered.
(2) 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 make sure that
such notice is posted and remains posted until the hearing.
(3) Persons given notice. The Borough shall provide written
notice to the applicant of the time and place of the hearing. The
Borough should also provide notice to the President of Borough Council.
Any such notices should be mailed or delivered to the last known address.
B. 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.
C. Decision/findings.
(1) The Board shall render a written decision 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.
(2) 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.
(3) References shall be provided to the most pertinent
section(s) of this chapter and/or the State Municipalities Planning
Code.
D. Notice of decision. A copy of the final decision shall
be personally delivered or mailed to the applicant or his/her representative
or their last known address not later than the time limit established
by the State Municipalities Planning Code, as amended. 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. [Note: As of the adoption date of this chapter, such
provisions were within Sections 908(9) and 908(10) of such Act, including
provisions regarding notice to other parties.]
E. State law. See also Section 908 of the Pennsylvania
Municipalities Planning Code.
The provisions for appeals to court that are
stated in the State Municipalities Planning Code, as amended, shall
apply. (Note: As of the adoption date of this chapter, these provisions
were in Sections 1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006-A
of such Act.)
See the provisions of the State Municipalities
Planning Code, as amended. (Note: As of the adoption date of this
chapter, such provisions were within Section 619 of such Act.)
The minimum lot area, minimum lot width and
minimum street frontage requirements of this chapter shall not apply
to uses or structures owned by Columbia Borough or by a municipal
authority created solely by Columbia Borough for such uses and structures.