§ 185-29Enforcement officials; permits.
§ 185-30Violations and penalties.
§ 185-31Injunctive relief.
§ 185-32Additional remedies.
§ 185-33Appeals.
§ 185-34Interpretation.
§ 185-35Effective date; repealer.
The Planning Commission and Borough Council shall have the duty and authority for the administration and general enforcement of the provisions of this chapter, as specified or implied herein.
Officials of the Borough having regulatory duties and authorities connected with, or pertinent to, the subdivision, use or development of land shall have the duties and authorities for controlling enforcement of the provisions of this chapter, as specified or implied herein or in other ordinances of the Borough.
Permits.
Permits required by the Borough for the erection or alteration of buildings, the installation of sewers or sewage disposal systems, or for other pertinent improvements to, or use of, the land shall not be issued by any Borough official until he has ascertained that the site for such building, alteration, improvement or use is located in a subdivision approved and publicly recorded in accordance with the provisions of this chapter.
Also, such permits shall be issued only after it has been determined that the site for such building, alteration, improvement or use conforms to the site description as indicated by the approved and recorded final plan or other land description acceptable in accordance with the provisions of this chapter, and that it is in compliance with all applicable provisions of this chapter.
The Building Permit Officer shall require that applications for building permits contain all the information necessary for him to ascertain that, and he shall not issue any building permit until he determines that, the site and plan for the proposed building, alteration or other improvement is acceptable in accordance with the provisions of this chapter.
The Building Permit Officer shall require that application for sewage disposal system permits contain all the information for him to ascertain that, and he shall not issue any sewage disposal system permit until he determines that, the site for the proposed system is acceptable in accordance with the provisions of this chapter.
Any person, partnership or corporation who or which has violated the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough of Duncannon, 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 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 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 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 description of such lot or parcel by metes and bounds in an 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. The county may also enjoin such transfer or sale or agreement by action for injunction brought in any court of equity jurisdiction, in addition to the penalty herein provided.
The Borough Council may request injunctive relief against any owner or agency who attempts the improper sale or conveyance of land or to set aside and invalidate any conveyances of land made prior to final plan approval of any subdivision.
Nothing herein shall prevent the Borough Council from taking such other action necessary to prevent or remedy any violation.
The decision of the Planning Commission or Borough Council with respect to the approval or disapproval of plans may be appealed directly to court by any party as well as any officer or agency of the Borough. Such appeal shall be filed not later than 30 days following the date of the decision begin appealed.
The provisions of this chapter shall be held to be minimum requirements. Whenever there is a conflict between the provisions of this chapter and those of any other ordinance or regulation, the provisions of the ordinance imposing the more stringent requirements shall apply.
