[Ord. 88-9, 11/17/1988, § 1001]
1. 
The 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 Hummelstown Borough having regulatory duties and authorities connected with or appurtenant to the subdivision, use or development of land shall have the duty and authority for the controlling enforcement of the provisions of this chapter, as specified or implied herein or in other ordinances of the Borough.
2. 
Permits required by the Hummelstown Borough for the erection or alteration of buildings, the installation of sewers or sewage disposal systems, or for other appurtenant improvements to or use of the land, shall not be issued by any municipal official responsible for such issuance until it has been ascertained that the site for such building, alteration, improvement or use is contained in a subdivision or land development plat approved and publicly recorded in accordance with the provisions of this chapter.
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 plat or other land description acceptable in that it is in compliance with all applicable provisions of this chapter.
3. 
The Borough Zoning Officer shall require that the sewage module and/or applications for sewage disposal system permits contain all the information necessary to ascertain that the site for the proposed system is acceptable in accordance with the provisions of this chapter, the "Rules and Regulations of the Department of Environmental Resources," and the provisions of other applicable ordinances of the Borough.
4. 
The approval of a subdivision or land development plat or of any improvement installed, or the granting of a permit for the erection or use of a building or land therein, shall not constitute a representation, guarantee, or warranty of any kind or nature by the municipality or any official, employee, or appointee thereof, of the safety of any land, improvement, property or use from any cause whatsoever, and shall create no liability upon, or a cause of action against the municipality or such official, employee or appointee for any damage that may result pursuant thereto.
[Ord. 88-9, 11/17/1988, § 1002]
Amendments to this chapter shall become effective only after a public hearing held pursuant to public notice as defined, and in accordance with the "Pennsylvania Municipalities Planning Code," Act 247, Article V, as amended.
[Ord. 88-9, 11/17/1988; added by Ord. 93-3, 2/18/1993]
In the event that any improvements which may be required have not been installed as provided in this chapter or in accord with the approved final plat the Borough Council is hereby granted the power to enforce any corporate bond, or other security by appropriate legal and equitable remedies. If the proceeds of such bond, or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Borough Council may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other Borough purpose.
[Ord. 88-9, 11/17/1988, § 1003; as amended by Ord. 93-3, 2/18/1993]
1. 
In addition to other remedies, the Borough may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
2. 
The Borough may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of this chapter. This authority to deny such a permit or approval shall apply to any of the following applicants:
A. 
The owner of record at the time of such violation.
B. 
The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
C. 
The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation.
D. 
The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
3. 
As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Borough may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.
[Ord. 88-9, 11/17/1988, § 1003; as amended by Ord. 93-3, 2/18/1993]
1. 
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, 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 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 fifth 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, 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 in this section 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.
4. 
District justices shall have initial jurisdiction in proceedings brought under this section.
[Ord. 88-9, 2/16/1988, § 1004]
If any section, clause, provision, or portion of these regulations shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of these regulations. It is hereby declared to be the intent of Hummelstown Borough that this chapter would have been adopted if such invalid or unconstitutional section, clause, provision or portion had not been included herein.
[Ord. 88-9, 11/17/1988, § 1005]
1. 
Any Ordinance or part thereof inconsistent herewith is hereby repealed to the extent of such inconsistency.
2. 
Nothing in this chapter hereby adopted shall be construed to affect any suit or legal proceeding now pending in any court, or any rights accrued or liability incurred, or any cause of action accrued or shall any right or remedy of any character be lost, impaired or affected.