Proceedings for securing review of this Zoning
Chapter or any decision, determination or order of the governing body,
the Zoning Officer, the Board or any hearing officer adopted or issued
pursuant to this Zoning Chapter shall be in accordance with the Pennsylvania
Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
In case any building, structure, landscaping
or land is or is proposed to be erected, constructed, reconstructed,
altered, converted, maintained or used in violation of this Zoning
Chapter, the governing body or, with the approval of the governing
body, the Zoning Officer or any aggrieved owner or tenant of real
property who shows that his property or person will be substantially
affected by the alleged violation, in addition to other remedies,
may institute any appropriate action or proceeding to prevent, restrain,
correct or abate such building, structure, landscaping or land or
to prevent, in or about such premises, any act, conduct, business
or use constituting a violation. When any such action is instituted
by a landowner or a tenant, notice of that action shall be served
upon the borough at least 30 days prior to the time the action is
begun by serving a copy of the complaint on the governing body. No
such action may be maintained until such notice has been given.
A.
Any person, partnership or corporation who or which
has violated or permitted the violation of the provisions of this
Zoning 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 attorneys
fees incurred by the borough as a result thereof. No judgment shall
commence or be imposed, levied or payable until the date of a determination
of the violation by the District Justice before whom the civil enforcement
proceeding is instituted. If the defendant in the civil enforcement
proceeding 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 District Justice determining that there
has been a violation further determines that there was a good faith
basis for the person, partnership or corporation violating this Zoning
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 the violation
by the District Justice, and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of this Zoning
Chapter shall be paid over to the borough.
B.
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.
[Amended 4-23-2002 by Ord. No. 4-2002]
A.
This Zoning Chapter shall not apply to any existing
or proposed buildings, or extension thereof, used or to be used by
a public utility corporation if, upon petition of the corporation,
the Pennsylvania Public Utility Commission shall, after a public hearing,
decide that the present or proposed situation of the building in question
is reasonably necessary for the convenience or welfare of the public.
B.
It shall be the responsibility of the Pennsylvania
Public Utility Commission to ensure that both the public utility corporation
and the borough receive notice of any hearing and are granted an opportunity
to appear, present witnesses, cross-examine witnesses presented by
other parties and otherwise exercise the rights of a party to the
proceedings.
C.
This Zoning Chapter shall not apply to any existing
or proposed buildings, structures and land uses and any extensions
and alterations thereof, owned, used or to be used by the borough,
or by any authority created solely by the borough, for the convenience
and/or welfare of the public after review by the governing body.
