[HISTORY: Adopted by the Borough Council of the Borough of
Tamaqua 5-22-2002 by Ord. No. 553. Amendments noted where applicable.]
Pursuant to authority contained in the Act of June 13, 1961,
P.L. 282, No. 167, as amended (53 P.S. § 8001 et seq.),
there is hereby created an historic district within the Borough of
Tamaqua. This chapter shall be known and made be cited as the "Tamaqua
Borough Historic Preservation Ordinance."
This district is created for the following purposes:
A.
Pursuant to Article I, Section 27 of the Pennsylvania Constitution,
which states:
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"The people have a right to clean air, pure water, and to the
preservation of the natural, scenic, historic and esthetic values
of the environment. Pennsylvania's public natural resources are the
common property of all the people, including generations yet to come.
As trustees of these resources, the Commonwealth shall conserve and
maintain them for the benefit of all the people."
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B.
Now, therefore, it is the purpose and intent of the Borough of Tamaqua
to promote, protect, enhance, perpetuate, and preserve historic districts
for the educational, cultural, economic and general welfare of the
public through the preservation, protection and regulation of buildings,
structures in areas of historic interest or importance within the
Borough of Tamaqua; to safeguard the heritage of the Borough of Tamaqua
by preserving and regulating historic districts which reflect common
elements of its cultural, social, economic, political and architectural
history; to preserve and enhance the environmental quality of neighborhoods;
to strengthen the Borough's economic base by the stimulation of the
heritage tourism industry; to establish and improve property values;
to foster economic development; to foster civil pride in the beauty
and accomplishments of the Borough of Tamaqua's past; and to preserve
and protect the cultural, historical and architectural assets of the
Borough of Tamaqua for which the Borough of Tamaqua has determined
to be of local, state and national, historical and/or architectural
significance.
For the purpose of this chapter, all words used in the present
tense include the future tense. All words in the plural number include
the singular number and all words in the singular number include the
plural number, unless the natural construction of the word clearly
indicates otherwise. The word "shall" is mandatory. The word "used"
includes "designated, intended, built or arranged to be used."
As used in this chapter, the following terms shall have the
meanings indicated:
Any act or process requiring a sign, building, or demolition
permit.
Any enclosed or open structure that is a combination of materials
to form a construction for occupancy and/or use for human or animal
habitation and is permanently affixed to the land, including manufactured
homes.
The request filed by any person with the Zoning Officer that
seeks authorization to erect signage or erect, alter, reconstruct,
repair, restore, demolish, or raze all or a part of any building or
structure listed in the Tamaqua Borough within an historic district
that requires a certificate of appropriateness.
The approval statement signed by the Tamaqua Borough Council
which certifies to the historical appropriateness of a particular
request for the erection of signage or the erection, alteration, reconstruction,
restoration, demolition, or razing of all or a part of any building
or structure within an historic district and authorizes the issuance
of a building permit for said request.
A completed permit or certificate of appropriateness application
which conforms to the submittal criteria for specific historic preservation
projects, as determined by the Historical Architectural Review Commission
(HARC).
The dismantling or tearing down of all or part of any building
and all operations incidental thereto, including neglecting routine
maintenance and repairs which can lead to deterioration and decay.
The absence of routine maintenance and repair which can lead
to a building's or structure's structural weakness, decay and deterioration
resulting in its demolition.
The result of construction such as a building, structure,
monument, sign or object on the ground or on a structure or building.
The act or process of reproducing by new construction the
exact form and detail of a vanished building, structure, or object,
or a part thereof, as it appeared at a specific period of time but
not necessarily of original material.
Any display, structure, device or object which is affixed
or attached to the building or property which incorporates lettering,
logos, colors, lights or illuminated inert gas tubes visible to the
public from a building or structure, which either conveys a message
to the public, or intends to advertise, direct, invite, announce,
or draw attention to goods, products, services, activities, or facilities,
excluding window displays, merchandise and temporary signs.
[Amended 5-17-2006 by Ord. No. 610]
An approval statement signed by the Zoning Officer authorizing
signage or the construction, alteration, reconstruction, repair, restoration,
demolition or razing of all or a part of any building listed in the
Tamaqua Borough's Historic Resource Inventory.
Anything constructed or erected, having a permanent or semipermanent
location on another structure or in the ground, including, without
limitation, buildings, sheds, manufactured homes, garages, fences,
gazebos, freestanding signs, billboards, antennas, satellite sending
or receiving dishes, vending machines, decks, and swimming pools.
The agency that advises the Tamaqua Borough Council on any
requests for authorization to erect, alter, reconstruct, repair, restore,
demolish all or part of any building within an historic district.
This agency is the Board of Historical Architectural Review authorized
by the Act of June 13, 1961, P.L. 282, No. 167, § 3 (53
P.S. § 8003).
A sign that is defined as a temporary sign by the Eastern
Schuylkill Planning (ESP) Region Joint Zoning Ordinance.
[Added 5-17-2006 by Ord.
No. 610; amended at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
The municipal employee or individual designated by the Borough
of Tamaqua as the individual who issues the permits for the erection
of signage or the erection, alteration, reconstruction, repair, restoration,
demolition or razing of all or a part of any building or structure
within an historic district.
A.
An Historical Architectural Review Commission, hereinafter referred
to as HARC, is hereby established. HARC is to be composed of not fewer
than five members nor more than seven members appointed by the Tamaqua
Borough Council. The membership of HARC shall be as follows:
(1)
One member shall be a registered architect;
(2)
One member shall be a licensed real estate broker;
(3)
One member shall be the Zoning Officer;
(4)
The remaining members shall be persons of knowledge or of an interest
in the preservation of historic districts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The initial terms of the members first appointed to the HARC shall
be so fixed that no more than three members shall be replaced or reappointed
during any one calendar year. Vacancies on the HARC shall be filled
within 120 days by the Tamaqua Borough Council; however, every member
shall continue in office after expiration of term until a successor
has been appointed. Successors shall serve a term of three years.
The position of any member of the HARC appointed to his or her capacity,
such as a registered architect, a licensed real estate broker, or
the Zoning Officer, who ceases to be so engaged shall be automatically
considered vacant. An appointment to fill a vacancy shall only be
for the unexpired portion of the term.
C.
It shall be the duty of each HARC member to remain conscious of and
sensitive to any possible conflict of interest (including, but not
limited, to financial considerations) that may arise by virtue of
his or her membership on the Commission. A member, promptly upon his
determining he has a conflict himself relative to any matter brought,
shall disqualify himself from participating in any manner, publicly
or privately, in the presentation, discussion or deliberation of and
the voting on any matter, including temporarily absenting himself
from the room in which the discussion is being held.
A.
Advisory role. The HARC shall give recommendations to the Tamaqua
Borough Council regarding the advisability of issuing any certificate
of appropriateness required to be issued in accordance with the said
Act of June 13, 1961, as amended, and this chapter.
B.
Commission rule-making power. The HARC may make and alter rules and
regulations for its own organization and procedure, providing they
are consistent with the laws of the commonwealth and all provisions
of this chapter.
C.
Removal of members. Any Commission member may be removed for misconduct
or wrongdoing, unlawful execution of this Act, or failure to perform
his or her responsibilities pursuant to this Act, or for other just
cause by a majority vote of the Tamaqua Borough Council, but not before
he or she has been given the opportunity of a hearing to defend to
any alleged infractions of said Act.
D.
Annual reports. The members of HARC shall make an annual report to
the Tamaqua Borough Council, which shall include:
(1)
Any recommendations for changes in this chapter;
(2)
The number and types of cases reviewed;
(3)
The number of cases for which a certificate of appropriateness was
either approved or denied;
(4)
Number of the HARC meetings which each member attended;
(5)
Historic-preservation-related training which each member attended;
(6)
A narrative summary describing the state of preservation in the Tamaqua
Borough historic district with recommendations in policy, goals, and
objectives for the Tamaqua Borough Council's consideration.
E.
Compensation. The HARC may employ secretarial and professional assistance,
and incur other necessary expenses only with the express, written
approval of the Tamaqua Borough Council.
F.
Meetings. The HARC shall meet publicly at regularly scheduled intervals.
Further, the HARC may hold any additional meetings it considers necessary
to carry out its powers and duties indicated in this chapter. Such
meetings shall be opened to the public. A majority of the HARC shall
constitute a quorum and action taken at any meeting shall require
the affirmative vote of a majority of the members present.
In addition to the above, the HARC shall have the following
powers and duties, but only after specific authorization by the Tamaqua
Borough Council:
A.
To conduct a survey of buildings, structures, objects and monuments
for the purpose of determining those of historic and/or architectural
significance and pertinent facts about them; action in coordination
with the Tamaqua Borough Planning Commission, Tamaqua Borough Zoning
Hearing Board, and other appropriate groups and to maintain and periodically
revise the detailed listings (resource inventories) of historic resources
and data about them, appropriately classified with respect to national,
state and local significance in accordance or consistent with the
Pennsylvania Historical and Museum Commission's "Cultural Resource
Management in Pennsylvania: Guidelines for Historic Resource Surveys."
B.
To propose, from time to time as deemed appropriate, the establishment
of additional historic districts and revisions to existing historic
districts.
C.
To formulate recommendations concerning the establishment of an appropriate
system of markers for selected historic and/or architectural sites
and buildings, including proposals for the installation and care of
such historic markers.
D.
To formulate recommendations concerning the preparation and publication
of maps, brochures and descriptive material about the Tamaqua Borough
historical and/or architectural sites and buildings.
E.
To cooperate with and advise the Tamaqua Borough Council in matters
involving historically and/or architecturally significant sites and
buildings (such as appropriate land usage, parking facilities and
signs, as well as adherence to lot dimensional regulations and minimum
structural standards).
F.
To cooperate with and enlist assistance from the National Park Service,
the National Trust for Historic Preservation, Preservation Pennsylvania,
the Pennsylvania Historical and Museum Commission and other agencies,
public and private, from time to time, concerned with the preservation
of historic sites and buildings.
G.
To advise owners of historic buildings regarding rehabilitation,
repairs, maintenance method and technologies, adaptive use, economic
and tax incentives and other historic preservation strategies.
H.
To promote public interest in the purpose of this chapter by carrying
on educational and public relations programs.
In determining the recommendations to be made to the Tamaqua
Borough Council concerning the issuance of a certificate of appropriateness,
the HARC shall consider only those matters that are pertinent to the
preservation of the historical and/or architectural aspect and nature
of the building, site, area, or district certified to have historical
significance, including the following:
A.
Broad historical values representing the cultural, political, economic,
or social history of the Tamaqua Borough.
B.
The relationship of the building or structure to historic personages
or events.
C.
Significant architectural types representative of certain historical
periods and a style or method of construction.
D.
The effect of the proposed change upon the general historical and
architectural nature of the district.
E.
The appropriateness of the exterior architectural features which
can be seen from a public street or way.
F.
The general design, arrangement, texture, and material of a building
or structure and the relation of such factors to similar features
of buildings or structures in the district. Consideration shall be
given, but not limited, to the following:
(1)
Proportion of buildings from facades. Preserving the relationship
between the width of the front of the building and the height of the
front of the building;
(2)
Proportion of openings within the building. Preserving the relationship
of width to height of windows and doors;
(3)
Rhythms of solids to voids in the front facade. Preserving the relationship
between a recurrent alteration of strong and weak architectural elements
thereby maintaining a rhythm of solids to voids;
(4)
Rhythm of spacing of buildings on streets. Preserving the existing
rhythm of recurrent or repeated building masses to spaces between
each building;
(5)
Rhythm of entrance and/or porch projections. Preserving the existing
rhythm of entrances or porch projections to maintain a pedestrian
scale;
(6)
Relationship of materials. Preserving the predominant materials of
the district, such as brick, stone, stucco, wooding siding, or other
material (other materials may be substituted which do not compromise
the spirit and intent of this chapter);
(7)
Relationship of texture. Preserving the predominant textures of the
district which may be smooth, such as stucco or rough such as brick
with tooled joints or horizontal wood siding or other textures;
(8)
Relationship of architectural details. Preserving character-defining
features of buildings, such as architectural details, including, but
not limited to, cornices, lintels, arches, quoins, balustrades and
iron work, chimneys, etc.;
(9)
Relationship of roof shapes. Preserving compatible roof shapes such
as gable, mansard, hip, flat, gambrel, and/or kinds of roof shapes;
(10)
Walls of continuity. Preserving physical elements which comprise
streetscapes such as brick walls, wrought iron fences, building facades
or combinations of these which form visual continuity and cohesiveness
along the street;
(11)
Directional expression of front elevation. Preserving the orientation
of structural shapes, plan of openings and architectural detail that
reflect a predominantly vertical, or horizontal character to the building's
facade;
(12)
Scale. Preserving the scale of the built environment created
by the size of units of construction and architectural detail that
relate to the size of persons. In addition, preserving building mass
its relation to open space;
(13)
Variations. The HARC may grant variations in a manner that will
be in harmony with the character of other buildings or structures
on the street and/or districts.
G.
The height of any new building or structure shall not exceed the
height of the tallest adjacent building or structure by 10%. This
requirement shall also apply to any proposed modifications to existing
buildings or structures.
H.
In such rare cases where the HARC recommends and the governing body
approves demolition of an historic building or structure, a good faith
effort shall be made by the Borough of Tamaqua and the owner(s) to
move said building or structure to another site. If moving a building
or structure slated to be demolished is economically or practically
infeasible, efforts shall be made to salvage architectural features
of said building or structure for use within the Tamaqua Borough.
I.
Financial feasibility.
(1)
The HARC shall consider the financial feasibility of its recommendations
in response to a request for a certificate of appropriateness or building
permit for the erection of signage or the erection, reconstruction,
alteration, and restoration of a building or structure. Financial
feasibility shall be determined by the HARC on the basis of an unreasonable
cost for repair or replacement in-kind of whole or part of a building
or structure.
(2)
The applicant shall submit a minimum of three estimates from bona
fide contractors and or vendors substantiating his or her claim that
the financial feasibility of repair in-kind is unreasonable. The Board
shall determine as to the condition of said architectural feature
based on its inspection and photographs or report from the Zoning
Officer. No substitute material shall be approved which is inappropriate,
incompatible, or is destructive or has the potential to be destructive
to the original fabric of the building or structure.
A.
No sign or permanent external advertising display of any kind shall
be erected, altered or used in the historic district except for advertising
informing the public of the service, business, occupation or profession
carried on in or about the property on which such sign or permanent
external advertising display appears. In conjunction with this, no
such sign or advertising display of any kind or for any purpose shall
be erected or altered, notwithstanding zoning sign approval, until
an application for a permit to make such erection or alteration has
been reviewed by the HARC for its conformity in exterior material
composition, exterior structural design, external appearance and size
with similar advertising or information media used in the architectural
period of the district and a permit granted thereon.
B.
No sign that is internally illuminated shall receive a recommendation
for approval from the HARC.
C.
All other requirements of any Borough ordinance must be complied
with. Historical markers may be authorized by HARC subject to the
provisions stipulated and such markers shall not be considered as
signs but are to be erected in accordance with the requirements established
for historic markers by the HARC.
D.
The provisions of this § 192-10 shall not apply to signs erected on or at buildings owned by nonprofit emergency service organizations, and such organizations are exempt from the provisions hereof, except that all other requirements of any other Borough ordinance must be complied with in connection with such sign.
[Added 1-19-2021 by Ord.
No. 720]
A.
Upon receipt of a completed application for a building permit or
a certificate of appropriateness for work to be done in the district,
the Zoning Officer shall act in accordance with the procedures being
followed in that office, except those procedures that are modified
by the following requirements:
(1)
The Zoning Officer shall forward copies of the completed application
for a building permit together with copies of any plot plan and building
plans and specifications filed by the applicant to the HARC;
(2)
The Zoning Officer shall not issue a building permit for any erection
of signage or the erection, alteration, reconstruction, repair, restoration
or demolition of all or part of any building in the District until
the Tamaqua Borough Council has issued a certificate of appropriateness.
If the Code Enforcement Officer issues a building permit without a
certificate of appropriateness due to an administrative or clerical
error, said building permit shall be considered void;
(3)
The Zoning Officer shall require applicants to submit a sufficient number of additional copies of material required to be attached to a completed application for a building permit or certificate of appropriateness so that the information needed to make the determination set forth in Subsection G(1) through (8) of this section will be available;
(4)
The Zoning Officer shall maintain in his office a record of all such
applications and final dispositions of the same.
B.
Commission review of applications. Upon receipt of a completed building permit or certificate of appropriateness application under the jurisdiction of this chapter, the HARC shall consider such at its next regularly scheduled meeting or special meeting, provided that the application was received by the HARC in sufficient advance of the meeting to allow the HARC reasonable and proper time to complete the ten-day notification requirement as per Subsection C. Otherwise, the application will be heard at the next regularly scheduled meeting or special meeting.
[Amended 2-1-2005 by Ord.
No. 600]
C.
Notification of application of HARC meeting. The owner of record
or his or her representative(s) applying for a certificate of appropriateness
and/or a building permit shall be advised of the time and place of
said meeting and be invited to appear to explain his or her reasons
at least 10 days before the HARC meeting. The HARC may invite such
other persons as it desires to attend its meeting.
D.
Design guidelines. In determining both oral and written recommendations to be presented to the Tamaqua Borough Council concerning the issuance of a certificate of appropriateness authorizing a permit for the erection of signage or the erection, alteration, reconstruction, repair, restoration, demolition, or demolition by neglect of all or a part of any building within the historic district, the HARC shall consider the design guidelines set forth in §§ 192-9 and 192-10, and such design guidelines developed by the HARC pursuant to and congruent with the objectives of this chapter.
E.
Time frame for decision. The HARC shall render a decision and recommendation of any application for a building permit under its review no later than 45 working days after the hearing/meeting provided for in § 192-7 of this chapter and shall submit, in writing, to the Tamaqua Borough Council recommendations concerning the issuance of a certificate of appropriateness.
F.
Application disapproval by HARC. If the HARC decides to advise against
the granting of a certificate of appropriateness, it shall so indicate
to the applicant for a building permit. The disapproval shall indicate
to the applicant the changes in plans and specifications, if any,
which would protect the distinctive historical character of the historic
district and the architectural integrity of the building or structure.
The HARC shall withhold its report for five days to allow the applicant
to decide whether or not to make the suggested changes in his plans
and specifications. If the applicant determines that he or she will
make the necessary changes, he or she shall so advise the HARC, which
shall in turn advise the Tamaqua Borough Council.
G.
Contents of written report. The written report to Borough Council
concerning the HARC's recommendations on the issuance of a certificate
of appropriateness shall set out the findings of fact that shall include,
but not limited to, the following matters:
(1)
The exact location of the area in which the work is to be done;
(2)
The exterior changes to be made of the exterior character of the
structure to be erected;
(3)
A list of the surrounding structures with their general exterior
characteristics;
(4)
The effect of the proposed change upon the general historic and architectural
nature of the district;
(5)
The appropriateness of exterior architectural features of the building
which can be seen from a public street or way;
(6)
The general design, arrangement, texture, and material of the building
and the structure and the relation of such factors to similar features
of building or structures in the district;
(7)
The opinion of the HARC (including any dissent) as to the appropriateness
of the work or project proposed as it will preserve or destroy the
historic character and nature of the district;
(8)
The specific recommendations of the HARC based on findings of fact
as to the issuance by the Tamaqua Borough Council or its refusal to
issue a certificate of appropriateness.
H.
Notification of applicant by the Tamaqua Borough Council of its consideration. Upon receipt of the written report from the HARC as provided in Subsection G of this section, the Tamaqua Borough Council shall consider, at the next regularly scheduled or special meeting, the questions of issuing to the Zoning Officer a certificate of appropriateness authorizing a permit for work covered by the application. The applicant shall be advised by the Tamaqua Borough Secretary of the time and place of the meeting at which his application shall be considered. The applicant shall have the right to attend this meeting and be heard as to the reasons for filing this said application.
I.
Design guidelines. In determining whether or not to certify to the
appropriateness of the proposed erection of signage, or the erection,
alteration, reconstruction, repair, restoration or demolition of all
or a part of any building within the historic district, the Tamaqua
Borough Council shall consider the report of the HARC.
J.
The Tamaqua Borough Council shall not approve an application (and
shall not issue a certificate of appropriateness) for a sign that
is internally illuminated.
K.
Approval by the Tamaqua Borough Council. If the Tamaqua Borough Council
approves the application, it shall issue a certificate of appropriateness
authorizing the Zoning Officer to issue a building permit for the
work covered.
L.
Disapproval by the Tamaqua Borough Council. If the Tamaqua Borough
Council disapproves the application, written reason(s) shall be given
to the Zoning Officer, the applicant, and to the Pennsylvania Historical
and Museum Commission. The disapproval shall indicate what changes
in the plans and specifications would meet the conditions for protecting
the distinctive historical character of the district and the architectural
integrity of the building or structure. Upon receipt of a written
disapproval of the Tamaqua Borough Council, the Zoning Officer shall
disapprove the application for a building permit and so advise the
applicant. The applicant may appeal this disapproval to the Court
of Common Pleas of Schuylkill County within the time specified by
law.
M.
Final notification by Tamaqua Borough Council. In either case of
approval or disapproval of the application, the Borough of Tamaqua
shall notify the applicant of its decision within five days of its
meeting, at which the application was considered.
A.
When a claim of unreasonable economic hardship is made due to the
effect of this chapter, the owner of record must present evidence
sufficient to prove that, as a result of the HARC's action, he will
be unable to obtain a reasonable return or a reasonable beneficial
use from a resource. The owner of record shall submit by affidavit
to the HARC some or all of the information below at the discretion
of the HARC, which shall include, but not be limited to, the following:
(1)
Date the property was acquired by its current owner.
(2)
Price paid for the property (if acquired by purchase) and a description
of the relationship, if any, between the buyer and the seller of the
property.
(3)
Mortgage history of the property, including current mortgage and
the annual debt service, if any, for the previous two years.
(4)
Current market value of the property.
(5)
Equity in the property.
(6)
Past and current income and expense statements for the past two years.
(7)
Past capital expenditures during ownership of current owner.
(8)
Appraisals of the property obtained within the previous two years.
(9)
Income and property tax factors affecting the property.
(10)
All appraisals obtained within the previous two years by the
owner or applicant in connection with purchase, offerings for sale,
financing or ownership of the property, or state that none was obtained.
(11)
All studies commissioned by the owner as to profitable renovation,
rehabilitation or utilization of any structures or objects on the
property for alternative use, or a statement that none were obtained.
(12)
Estimate(s) of the cost of the proposed erection, reconstruction,
alteration, restoration, demolition or razing and an estimate(s) of
any additional cost(s) that would be incurred to comply with the recommendations
of the HARC for changes necessary for it to approve a certificate
of appropriateness.
(13)
Form of ownership or operation of the property, whether sole
proprietorship, for profit or nonprofit corporation, limited partnership,
joint venture or other.
B.
The HARC may require that an applicant furnish additional information
relevant to its determination of unreasonable economic hardship.
C.
Should the HARC determine that the owner's present return is not
reasonable, it must consider whether there are other uses currently
allowed that would provide a reasonable return and whether such a
return could be obtained through investment in the property for rehabilitation
purposes. The HARC may choose to recommend to the Tamaqua Borough
Council that special economic incentives be developed to assist the
owner of the resource in maintaining it and obtaining a suitable economic
return or achieving a reasonable beneficial use.
D.
The HARC may seek the assistance of appropriate local, statewide
or national preservation organizations in developing solutions which
would relieve the owner's economic hardship. If the HARC chooses to
explore such options, the HARC may delay issuing a certificate of
appropriateness for demolition on the basis of economic hardship for
a period of 90 days in addition to time periods otherwise applicable.
E.
Should the applicant satisfy the HARC that he will suffer an unreasonable
economic hardship if a certificate of appropriateness is not approved,
and should the HARC be unable to develop with the Borough of Tamaqua
or appropriate local, statewide and national preservation organization
a solution which can relieve the owner's economic hardship, the HARC
must recommend a certificate of appropriateness for demolition.
A.
All buildings and structures located within the boundaries of the
Tamaqua Borough historic district shall be maintained in good repair
and kept structurally sound and reasonably protected against decay
and decoration in accordance with the International Property Maintenance
Code/1998 as adopted by the Borough of Tamaqua in Ordinance No. 524,
enacted November 7, 1999, and as may be further amended.[1]
B.
Any unresolved notice of violation to the property owner shall be
considered prima facie evidence of demolition by neglect.
The Zoning Officer shall serve a notice of violation on the
person in violation of this chapter which would result in, but not
be limited to failure to apply for a certificate of appropriateness
or a building permit required for the erection, reconstruction, alteration,
restoration, demolition, demolition by neglect, or razing of any building
or structure which can be seen from a public way; and failure to comply
with the HARC-approved work. Such notice shall direct the abatement
of said violation.
The Zoning Officer or his designated representative shall have
the power to institute any proceedings at law or in equity necessary
for the enforcement of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this chapter in equity in the Court of Common
Pleas of Schuylkill County.
The provisions of this chapter may be amended in the future
by the Tamaqua Borough Council after notice and hearing as provided
by law.
Immediately upon the adoption of this chapter, the Tamaqua Borough
Secretary shall forward a copy thereof to the Pennsylvania Historical
and Museum Commission. This chapter shall not take effect until:
