A.
Any person, partnership or corporation who shall violate any provision
of this chapter or any person, partnership or corporation who or which,
being the owner or agent of any lot, tract or parcel of land, shall
lay out, construct, open or dedicate any street, sanitary sewer, storm
sewer, water main or other improvements for public use, travel or
other purposes or for the common use of occupants of buildings abutting
thereon, or who sells, transfers or agrees or enters into an agreement
to sell any land in a subdivision or land development whether by reference
to or by other use of a plat of such subdivision or land development
or erects any building thereon, unless and until a final plat has
been prepared in full compliance with provisions of this article and
of the regulations adopted hereunder and has been recorded as provided
herein, shall, upon being found liable therefor in a civil enforcement
proceeding, 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 the determination of a violation by the
Magisterial District Judge. 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 Magisterial
District Judge determines that there was a good faith basis for the
person, partnership or corporation violating this 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 Magisterial
District Judge, and thereafter each day that a violation continues
shall constitute a separate violation.[1]
B.
The description by metes and bounds in the instrument of transfer
or other document used in the process of selling or transferring shall
not exempt the seller or transferor from such penalties or from the
remedies herein provided.
