[HISTORY: Adopted by the Borough Council of the Borough of
Collingdale 10-6-1975 by Ord. No. 476; amended in its entirety 10-5-1987 by Ord. No.
568 (Ch. 9, Part 1, of the 1987 Code of Ordinances).
Subsequent amendments noted where applicable.]
No person, firm or corporation shall change the grade of any
land in the Borough of Collingdale and/or perform any excavation therein
without first obtaining a permit from the Building Inspector of the
Borough of Collingdale.
The application for such permit shall be accompanied by a plan
approved by the Borough Engineer, which plan will demonstrate, along
with the building plans, that such proposed change of grade will not
cause damage to adjoining and adjacent property owners by reason of
drainage of surface or subsurface waters. Any such grade change and/or
excavation shall maintain the topography in the surrounding areas.
Application for such permit shall be further accompanied by
a permit fee as established from time to time by resolution of Council
and payable to the Borough of Collingdale.
The granting of such permit shall not impose liability on the
Borough of Collingdale, and the granting of any such permit shall
constitute an indemnification by the permittee to indemnify and save
harmless the Borough of Collingdale from any claims or damages caused
by reason of the change of grade and/or excavation, and the liability
for any such change of grade shall remain the sole responsibility
of the permittee.
A.Â
Penalties. Any person, firm or corporation who shall violate any
provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $300 and/or to imprisonment for a term
not to exceed 90 days. Every day that a violation of this chapter
continues shall constitute a separate offense.
B.Â
Removal of nuisances; serving of notice; filing of claims. The Manager
shall serve written notice, either personally or by certified or first
class mail, on any person violating the provisions of this chapter
to remove any nuisance or dangerous condition on public or private
property. Upon the failure of said person to comply with such notice
within 15 days after receipt thereof or to request a hearing within
such time before the Borough Council pursuant to the Act of April
28, 1978, P.L. 202, No. 53, known as the "Local Agency Law,"[1] the Borough Council may remove or arrange for the removal
of the nuisance or dangerous condition and collect the cost of such
removal together with a penalty of 10% of the cost of the removal
from the person failing to comply with such notice by summary proceedings
or in the manner provided for the collection of municipal claims or
by an action of assumpsit without the filing of a claim. The Borough
Council may also institute proceedings in equity to enjoin violations
of this chapter.
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 105, 551 et seq.
and 751 et seq.
C.Â
Fines and costs. All fines, costs and penalties shall be cumulative,
and payment of one shall not preclude the payment of any other fine,
cost or penalty assessed.
