A.
Whenever the Borough of Lake City determines that
there are reasonable grounds to believe that there has been a violation
of any provision of this Part 2 or of any regulation adopted pursuant
thereto, such authority shall give notice of such alleged violation
to the person to whom the permit or certificate was issued, as hereinafter
provided.
B.
Such notice shall:
(1)
Be in writing.
(2)
Include a statement of the reasons for its issuance.
(3)
Allow a reasonable time for the performance of any
act it requires.
(4)
Be served upon the owner or his agent, as the case
may require, either by personal service or by certified mail, return
receipt requested, mailed to the owner at his address as shown on
such owner's license or to the last known address of such owner; provided,
however, that such notice or order shall be deemed to have been properly
served upon such owner or agent when a copy thereof has been served
by any other method authorized or required by the laws of this state.
(5)
Contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this Part 2 or any part
thereof and with the regulation adopted pursuant thereto.
Any person affected by any notice which has
been issued in connection with the enforcement of any provision of
this Part 2 or of any regulation adopted pursuant thereto may request
and shall be granted a hearing on the matter before the Zoning Hearing
Board of the Borough of Lake City, provided that such person shall
file in the office of the municipal authority a written petition requesting
such hearing and setting forth a brief statement of the grounds therefor
within 10 days after the notice was served. The filing of the request
for a hearing shall operate as a stay of the notice and the suspension
of a license. Upon receipt of such petition, the said Board shall
set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing the petitioner shall be given
an opportunity to be heard and show why such notice should be modified
or withdrawn. The hearing shall be commenced not later than 10 days
after the day on which the petition was filed; provided that upon
application of the petitioner, the said Board may postpone the date
of the hearing for a reasonable time beyond such ten-day period when
in its judgment the petitioner has submitted good and sufficient reasons
for such postponement.
After such hearing the Zoning Hearing Board shall make findings as to compliance with the provisions of this Part 2 and regulations issued thereunder and shall issue an order in writing sustaining, modifying or withdrawing the notice, which shall be served as provided in § 57-108B(4). Upon failure to comply with any order sustaining or modifying a notice, the license of the mobile home park affected by the order shall be revoked.
The proceedings a such a hearing, including
the findings and decision of the Zoning Hearing Board, together with
a copy of every notice and order related thereto, shall be entered
as a matter of public record in the office of the Zoning Hearing Board,
but the transcript of the proceedings need not be transcribed unless
judicial review of the decision is sought as provided by this article.
Any person aggrieved by the decision of the Zoning Hearing Board may
seek relief in any court of competent jurisdiction, as provided by
the laws of this commonwealth.
