A.
Power to amend. The regulations set forth in this
chapter may, from time to time, be amended by the Borough Council.
B.
Procedure. The following requirements shall be observed
prior to making any amendment to this chapter.
(1)
Proposed amendments must be submitted to the Planning
Commission for its recommendation before any further public action
is taken.
(2)
The recommendations of the Planning Commission shall
be submitted to the Borough Council in a written report. Failure to
submit such report within 30 days shall constitute a recommendation
of approval.
(3)
Upon receipt of the report of the Planning Commission,
a public hearing, pursuant to public notice, on the proposed amendment
shall be held, at which time the parties in interest and citizens
shall have an opportunity to be heard.
A.
In addition to the 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 except the seller or transferor from such
penalties or from the remedies herein provided.
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 any ordinance adopted pursuant to Article V of the Municipalities Planning Code.[1] This authority to deny such permit or approval shall apply
to any of the following applicants:
(1)
The owner of record at the time of such violation;
(2)
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;
(3)
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;
(4)
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.
(5)
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.
(6)
As an additional condition, 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.
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Note: As 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.
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[1]
Editor's Note: See 53 P.S. § 10101
et seq.
District Justices shall have initial jurisdiction in the proceedings brought under § 162-58.
A.
Any person, partnership or corporation who or which
has violated the provisions of this chapter enacted under this act
or prior enabling laws shall, upon being 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 District Justice. 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 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 the 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 District Justice, and thereafter
each day that a violation continues shall constitute a separate violation.
B.
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.
C.
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.
