[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 23-1990. Amendments noted where applicable.]
In addition to other remedies, the City may institute and maintain appropriate actions at law or in equity to restrain, correct or abate violations, prevent unlawful construction, recover damages, and 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 exempt the seller or transferrer from such penalties or from the remedies herein provided.
The City 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 the Planning and Zoning Code. This authority to deny such a permit or approval shall apply to any of the following applicants:
The owner of record at the time of such violation.
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.
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(s).
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(s).
As an 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 City 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.
Any person, partnership or corporation who or which has violated the provisions of this code shall, upon being found liable therefor in a civil enforcement proceeding commenced by the City, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the City 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 nor promptly appeals the judgment, the City 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 code 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 Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation.
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.
Nothing contained in this chapter shall be construed or interpreted to grant to any person or entity other than the City the right to commence any action for enforcement pursuant to this chapter.
Magisterial district judges shall have initial jurisdiction in proceedings brought under this code.
From the time an application for approval of a plan, whether preliminary or final, is duly filed as provided in this code, and while such application is pending, no change or amendment to this code shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. The applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations.
When an application for approval of a plan, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment to this code shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.
Where final approval is preceded by preliminary approval, the aforesaid five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of this code or the ordinance(s) governing plans as they stood at the time when the application for such approval was duly filed.
Where the landowner has substantially completed the required improvements as depicted upon the final plan within the aforesaid five-year limit or any extension thereof as may be granted by the Planning Commission, no change of any ordinance or plan enacted subsequent to the date of filing of the preliminary plan shall modify or revoke any aspect of the approved final plan.
Upon the approval of a final plan, the developer shall, within 90 days of such final approval, record such plan in the office of the Recorder of Deeds for Dauphin County. The Recorder of Deeds shall not accept any plan for recording unless such plan officially notes the approval of the City Council and/or the Planning Commission and review by the County Planning Agency.
The recording of the plan shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plan.
Amendments to the Subdivision and Land Development Code shall become effective only after a public hearing is held pursuant to public notice as defined herein and in accordance with the Pennsylvania Municipalities Planning Code.
Editor's Note: See 53 P.S. § 10101 et seq.
The provisions of this code are intended as a minimum standard for the protection of the public health, safety, and welfare. If the literal compliance with any mandatory provision of these regulations is shown by the applicant, to the satisfaction of the majority of the members of the Planning Commission present at a scheduled meeting, to be unreasonable or to cause undue hardship as it applies to a particular property, or if the applicant shows that an alternative proposal will allow for equal or better results, the Commission may recommend that City Council grant a waiver from such mandatory provision, so that substantial justice may be done and the public interest secured while permitting the reasonable utilization of the property. However, the granting of a waiver shall not have the effect of making null and void the intent and purpose of this code or any portion thereof.
Council may, in granting waivers, impose such conditions as will in its judgment secure substantially the objectives of the standards and requirements of this code.
The Commission shall keep an accurate, public record of its findings, decisions and recommendations relevant to all applications filed with it for review or approval.
Whenever there is a difference between the minimum applicable standard specified herein and those included in other applicable municipal regulations, the more stringent requirement shall apply.
The penalty for violation of any section under Part 5, Subdivision Regulations, shall be as stated in § 7-701.2.