The filing fee shall be as fixed annually by the Borough Council
by resolution. Any additional costs of review, design, inspection
or maintenance by the Borough and/or the Municipal Engineer and Solicitor
shall be borne by the applicant.
When the plans of streets and other improvements have been approved,
as provided in this chapter, the subdivider shall first notify the
Borough Council of his intention to proceed with the construction
or installation of said streets and improvements; notification shall
be made at least 48 hours before any such construction or installation
shall commence so as to give the Borough Council or the Municipal
Engineer an opportunity to inspect the site prior to commencement
of work and to inspect installation or construction of said streets
and improvements during the course of work being performed.
Prior to any street, or other improvement being accepted by
the Borough as herein provided, the subdivider shall post a maintenance
bond and/or other security naming the Borough as obligee in an amount
deemed adequate by the Borough Council to remedy any defects which
are caused by defective or inferior materials or workmanship which
may develop during a period of two years from date of acceptance by
the Borough.
A.
In accordance with Section 515.1 of the Planning Code,[1] in other remedies, the Borough may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
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 transferor from such penalties or from
the remedies herein provided.
[1]
Editor's Note: See 53 P.S. § 10515.1.
B.
The Borough 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 this chapter. This authority to deny such a permit
or approval shall apply to any of the following applicants: the owner
of record at the time of such violation; 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; 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;
or 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.
C.
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 Borough 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.
B.
Any person, partnership or corporation who or which has violated
the provisions of this chapter found liable, therefore, in a civil
enforcement proceeding commenced by the Borough, 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 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 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.
C.
The Erie County 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.
D.
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.
