[Ord. 1972-10, 10/16/1972, Art. XII, § 1200]
Borough Council may from time to time amend this Chapter, including
the Zoning Map.
[Ord. 1972-10, 10/16/1972, Art. XII, § 1201; as
amended by Ord. 1991-3, 2/18/1991, § 10]
Before voting on the enactment of any amendment, the Council
shall hold a public hearing thereon, pursuant to public notice. If
the proposed amendment involves a zoning map change, notice of the
public hearing shall be conspicuously posted by the Borough at points
along the perimeter of the tract at least one-week prior to the date
of the hearing. In addition to the public notice of the public hearing
required by this Section, notice of the proposed enactment of the
amendment shall be given by the Borough by publishing the proposed
amendment once in one newspaper of general circulation in the Borough
not more than 60 days nor less than seven days prior to passage. This
notice shall include the time and place of the meeting at which passage
will be considered as well as a reference to a place within the Borough
where copies of the proposed amendment may be examined without charge
or obtained for a charge not greater than the cost thereof.
[Ord. 1972-10, 10/16/1972, Art. XII, § 1201.1;
as amended by Ord. 1991-3, 2/18/1991, § 10]
A landowner who desires to challenge on substantive grounds
the validity of this Chapter or any part hereof that prohibits the
use or development of land in which he has an interest, may submit
a curative amendment to Borough Council with a written request for
hearing. Borough Council shall commence a hearing thereon within 60
days of the submission of a properly completed request following procedures
outlined in Article VI, § 609.1 of the Pennsylvania Municipalities
Planning Code.
[Ord. 1972-10, 10/16/1972, Art. XII, § 1202; as
amended by Ord. 1991-3, 2/18/1991, § 10]
In the case of an amendment other than one prepared by the Planning
Commission, Borough Council shall submit each such amendment to the
Borough Planning Commission and the Bucks County Planning Commission
at least 30 days prior to the hearing in order to provide the Planning
Commission an opportunity to submit recommendations. Within 30 days
after enactment, a copy of the amendment shall be forwarded to the
Bucks County Planning Commission.
[Repealed by Ord. 1991-3; Ord. 1972-10, 10/16/1972, Art.
XII, § 1203; as repealed by Ord. 1991-3, 2/18/1991, § 11]
[Ord. 1972-10, 10/16/1972, Art. XII, § 1204; as
amended by Ord. 1991-3, 2/18/1991, § 12]
1.
Any person, partnership or corporation who or which has violated
any of the provisions of this Chapter, upon being found liable therefore
in a civil enforcement proceeding commenced by the Borough shall pay
a judgment of not more than $500 plus all court costs plus reasonable
attorney fees incurred by the Borough as a result thereof. No judgement
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 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 5th 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.
2.
The Court of Common Pleas, upon petition of the defendant, may grant
an order of stay, upon cause shown, tolling the per diem judgment
pending a final adjudication of the violation and judgment.
3.
Nothing contained herein 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.
[Ord. 1972-10, 10/16/1972, Art. XII, § 1205]
Whenever a violation of this Chapter occurs, any resident, tenant,
or property owner within Doylestown Borough may file a written complaint
with the Zoning Officer in regard thereto. The Zoning Officer shall
promptly investigate all complaints and report thereon to Borough
Council.
[Ord. 1972-10, 10/16/1972, Art. XII, § 1206]
It is hereby declared to be the legislative intent that:
1.
If a court of competent jurisdiction declares any provision of this
ordinance to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this ordinance shall continue to be separately and fully
effective.
2.
If a court of competent jurisdiction finds the application of any
provision or provisions of this ordinance to any lot, building, or
other structure, or tract of land, to be invalid or ineffective, in
whole or in part, the effect of such decision shall be limited to
the person, property, or situation immediately involved in the controversy,
and the application of any such provision to other persons, property
or situations shall not be affected.
