A.
No subdivision or land development of any lot, tract or parcel of
land shall be made; no street, sanitary sewer, storm sewer, water
main or other improvements in connection therewith shall be laid out,
constructed, opened or dedicated for public use or travel, or for
the common use of occupants of buildings abutting thereon, except
in accordance with this chapter. Per Pennsylvania Municipalities Planning
Code § 515.2, Jurisdiction, Magisterial District Judges
shall have initial jurisdiction in proceedings brought under this
section.
B.
Any such person, partnership or corporation, including the members
of such partnership or the officers of the corporation, or the agent
of any of them, responsible in law or in fact for such violation,
upon being found liable therefor in a civil enforcement proceeding
commenced by Sewickley Borough, must pay a judgment of not more than
$500 plus all court costs, including reasonable attorneys' fees, incurred
by the Borough as a result thereof. Each day that a violation continues
shall be a separate violation.
C.
No judgment shall commence or be imposed or payable until the Magisterial
District Judge having jurisdiction determines the date of violation.
D.
If the defendant neither pays nor timely appeals the judgment, the
Borough shall enforce the judgment pursuant to the rules of civil
procedure.
E.
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.
F.
Any fines or judgments collected shall be deposited in the Borough's
general fund.
A.
In addition to other remedies, the Borough may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations or to prevent illegal occupancy of a building, structure
or premises. A 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.
B.
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.
(1)
This
authority to deny such a permit or approval shall apply to any of
the following applicants:
(a)
The landowner of record at the time of such violation.
(b)
The vendee or lessee of the landowner 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 landowner of record who acquired the property subsequent
to the time of violation, without regard as to whether such current
landowner had actual or constructive knowledge of the violation.
(d)
The vendee or lessee of the current landowner 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.
(2)
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.