[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 23-1990. Amendments noted where applicable.]
A.
In addition to other remedies, the City may institute and maintain
appropriate actions at law or in equity to restrain, correct or abate
violations, prevent unlawful construction, recover damages, and prevent
illegal occupancy of a building, structure or premises.
B.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferrer from such penalties or
from the remedies herein provided.
C.
The City 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 the Planning and Zoning Code. This authority to deny such a permit
or approval shall apply to any of the following applicants:
(1)
The owner of record at the time of such violation.
(2)
The vendee or lessee of the owner of record at the time of such
violation, without regard as to whether such 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 such current
owner had actual or constructive knowledge of the violation(s).
(4)
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation, without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation(s).
D.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the City may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
A.
Any person, partnership or corporation who or which has violated
the provisions of this code shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the City, pay a judgment
of not more than $500 plus all court costs, including reasonable attorney
fees incurred by the City 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 promptly appeals the judgment, the City 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 code 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 that a violation continues
shall constitute a separate violation.
B.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this chapter shall be construed or interpreted
to grant to any person or entity other than the City the right to
commence any action for enforcement pursuant to this chapter.
D.
Magisterial district judges shall have initial jurisdiction in proceedings
brought under this code.
A.
From the time an application for approval of a plan, whether preliminary
or final, is duly filed as provided in this code, and while such application
is pending, no change or amendment to this code shall affect the decision
on such application adversely to the applicant, and the applicant
shall be entitled to a decision in accordance with the provisions
of the governing ordinances or plans as they stood at the time the
application was duly filed. The applicant shall be entitled to final
approval in accordance with the terms of the approved preliminary
application as hereinafter provided. However, if an application is
properly and finally denied, any subsequent application shall be subject
to the intervening change in governing regulations.
B.
When an application for approval of a plan, whether preliminary or
final, has been approved without conditions or approved by the applicant's
acceptance of conditions, no subsequent change or amendment to this
code shall be applied to affect adversely the right of the applicant
to commence and to complete any aspect of the approved development
in accordance with the terms of such approval within five years from
such approval.
C.
Where final approval is preceded by preliminary approval, the aforesaid
five-year period shall be counted from the date of the preliminary
approval. In the case of any doubt as to the terms of a preliminary
approval, the terms shall be construed in the light of the provisions
of this code or the ordinance(s) governing plans as they stood at
the time when the application for such approval was duly filed.
D.
Where the landowner has substantially completed the required improvements
as depicted upon the final plan within the aforesaid five-year limit
or any extension thereof as may be granted by the Planning Commission,
no change of any ordinance or plan enacted subsequent to the date
of filing of the preliminary plan shall modify or revoke any aspect
of the approved final plan.
A.
Upon the approval of a final plan, the developer shall, within 90
days of such final approval, record such plan in the office of the
Recorder of Deeds for Dauphin County. The Recorder of Deeds shall
not accept any plan for recording unless such plan officially notes
the approval of the City Council and/or the Planning Commission and
review by the County Planning Agency.
B.
The recording of the plan shall not constitute grounds for assessment
increases until such time as lots are sold or improvements are installed
on the land included within the subject plan.
Amendments to the Subdivision and Land Development Code shall
become effective only after a public hearing is held pursuant to public
notice as defined herein and in accordance with the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
The provisions of this code are intended as a minimum standard for
the protection of the public health, safety, and welfare. If the literal
compliance with any mandatory provision of these regulations is shown
by the applicant, to the satisfaction of the majority of the members
of the Planning Commission present at a scheduled meeting, to be unreasonable
or to cause undue hardship as it applies to a particular property,
or if the applicant shows that an alternative proposal will allow
for equal or better results, the Commission may recommend that City
Council grant a waiver from such mandatory provision, so that substantial
justice may be done and the public interest secured while permitting
the reasonable utilization of the property. However, the granting
of a waiver shall not have the effect of making null and void the
intent and purpose of this code or any portion thereof.
B.
Council may, in granting waivers, impose such conditions as will
in its judgment secure substantially the objectives of the standards
and requirements of this code.
The Commission shall keep an accurate, public record of its
findings, decisions and recommendations relevant to all applications
filed with it for review or approval.
Whenever there is a difference between the minimum applicable
standard specified herein and those included in other applicable municipal
regulations, the more stringent requirement shall apply.
The penalty for violation of any section under Part 5, Subdivision Regulations, shall be as stated in § 7-701.2.
