Where a provision of this chapter is found to be in conflict
with a provision of any land use ordinance or code; applicable health,
building, housing or safety regulation; or any other ordinance or
resolution of the municipality existing on the effective date of this
chapter or thereafter, or any regulation issued under the authority
of any such code, regulation, ordinance or resolution, the provision
which establishes the more restrictive standard for the protection
of the health, safety and welfare of the people shall prevail.
Pursuant to the provisions of the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended,
the effective date of this chapter shall be the date on which Edgewood
Borough Council has formally adopted this chapter.
A.
Preventive remedies.
(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 any building, structure or premises.
(2)
The description by metes and bounds in the instrument of transfer
and 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.
(3)
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 in violation of this chapter. The authority to deny
such 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.
(4)
As an additional condition for issuance of a permit or for 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.
B.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefore
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 be payable until the date
of 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.
(2)
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.
(3)
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.
