[Ord. 1994-4, 4/4/1994, § 901; as amended by Ord.
2009-8, 12/7/2009]
1.
Any person, partnership or corporation who or which has violated
any provision 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 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 not 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 5th 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.
2.
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.
3.
Nothing contained in this section shall be construed or interpreted
to grant any person or entity other than the Borough the right to
commence any action for enforcement pursuant to this section.
4.
Magisterial district judges shall have initial jurisdiction in proceedings
brought under this section.
