Borough of Pottstown, PA
Montgomery County
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Table of Contents
Table of Contents

§ 1100 Enforcement by Zoning Officer.

[Ord. 1968, 9/8/2003, § 1100]
A Zoning Officer, who shall hold no elective office in the Borough, shall be appointed by Council and may be removed at the will of Council. Council may designate an employee as the Officer's deputy who shall exercise all the powers of the Zoning Officer during his absence or temporary disability.
The provisions of this Chapter shall be administered and enforced by the Zoning Officer in accordance with its literal terms. In no case shall a permit be granted for construction, use, or change of use that does not conform to this Chapter. The Zoning Officer is authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of this Chapter.
All appeals from decisions of the Zoning Officer shall be taken in the manner set forth in this Chapter.

§ 1101 Right of Entry.

[Ord. 1968, 9/8/2003, § 1101]
In the discharge of his duties, the Zoning Officer shall have the authority to enter, at any reasonable hour, any structure or land in the Borough to enforce the provisions of this Chapter.

§ 1102 Causes of Action.

[Ord. 1968, 9/8/2003, § 1102]
1. 
In case any building is proposed to be constructed or used in violation of this Chapter, or if any land is proposed to be used in violation of this Chapter, the appropriate action or private cause of action to prevent, restrain, correct, or abate such use may be taken by:
A. 
Borough Council.
B. 
The Zoning Officer.
C. 
Any other official of the Borough designated by Borough Council.
D. 
Any aggrieved owner or tenant of real property who shows that his property or person will be affected substantially by the alleged violation.
2. 
When any action is instituted by a landowner or tenant, notice of the action shall be given to Borough Council and the Zoning Officer at least 30 days prior to the time the action is begun by serving them a copy of the complaint. No action may be maintained until such notice been given.

§ 1103 Enforcement Notice.

[Ord. 1968, 9/8/2003, § 1103]
1. 
If it appears to the Zoning Officer that a violation of this Chapter has occurred, he shall initiate enforcement proceedings by sending an enforcement notice to:
A. 
The owner of record of the parcel on which violation has occurred.
B. 
To any person who has filed a written request to receive enforcement notices regarding that parcel.
C. 
To any other person requested in writing by the owner of record.
2. 
The notice shall be by certified letter or by delivery in person. If notice is given in person, the person serving the notice shall obtain a notarized affidavit stating the service was made at a place and time shown on the affidavit.
3. 
An enforcement notice shall state at least the following:
A. 
The name of the owner of record and any other person against whom the Zoning Officer intends to take action and the location of the property in violation.
B. 
The specific violation with a description of the requirements that have not been met, citing, in each instance, the applicable provisions of this Chapter.
C. 
The date by which the steps for compliance must be commenced and the date by which the steps must be completed.
D. 
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period in accordance with the procedures set forth in this Chapter.
E. 
That failure to comply with the notice within time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly specified.

§ 1104 Jurisdiction.

[Ord. 1968, 9/8/2003, § 1104]
District Justices shall have initial jurisdiction to determine the amount of judgments, damages or penalties from enforcement notices filed under this Chapter.

§ 1105 Enforcement Remedies.

[Ord. 1968, 9/8/2003, § 1105]
1. 
Any person, partnership, or corporation who has violated or permitted the violation of the provisions of this Chapter shall, upon being found liable 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.
2. 
No judgment shall be imposed until the date of the determination of a violation by the district justice. If the defendant neither pays nor appeals the judgment within the time prescribed by law, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure.
3. 
Each day a violation continues shall constitute a separate violation, unless the district justice determines that there was a good-faith basis for the person violating this Chapter to have believed that there was no such violation. In that case, only one such violation has been committed until the fifth day following the date of the determination of a violation by the district justice. After that, each day a violation continues shall constitute a separate violation. All judgments, costs, and reasonable attorney fees collected for the violation of this Chapter shall be paid over to the Borough.
4. 
The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of violation and judgment.
5. 
Nothing contained in this Section shall be interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement under this Section.

§ 1106 Finances and Expenditures.

[Ord. 1968, 9/8/2003, § 1106]
1. 
Borough Council may set fees, by resolution or by ordinance, for applications or appeals.
2. 
Borough Council may prescribe reasonable fees with respect to the administration of this Chapter and with respect to hearings before Borough Council and the Zoning Hearing Board. Fees for these hearings may include compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs, and necessary administrative overhead connected with the hearing.

§ 1107 Exemptions.

[Ord. 1968, 9/8/2003, § 1107]
These sections shall not apply to any existing or proposed building, or building extension, 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.
It shall be the responsibility of The Public Utility Commission to ensure that both the corporation and the Borough have notice of the 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.
DETAILS. For details regarding enforcement of this Ordinance, see Zoning Appendix, All, Sections A1100 through A1107, located at the end of this Chapter.