The Borough Manager or his representative shall require that
the application for a building permit shall contain all information
necessary to enable him to ascertain whether the proposed building,
alteration or use is located in an approved subdivision. No building
permit shall be issued until the Borough Manager or his representative
has certified that the site for the proposed building, alteration
or use complies with all the provisions of this chapter and conforms
to the site description as indicated on the approved and recorded
final plat. The Borough Engineer may advise the Borough Manager or
his representative of the provisions of this chapter.
A.
Any person, partnership or corporation who or which has violated
the provisions of any subdivision or land development ordinance enacted
under this act or prior enabling laws shall, upon being found liable
therefor in a civil enforcement proceeding commenced by a municipality,
pay a judgment of not more than $500 plus all court costs, including
reasonable attorney fees incurred by the municipality 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 municipality 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
the ordinance 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.
B.
In addition to the above, in cases of a violation of this Subdivision
and Land Development Ordinance, the Borough, through its designated
representative, shall have the right to issue a stop-work order until
such time as the violation has been corrected. The Borough may also
obtain a cease-and-desist order from the Court of Common Pleas of
Dauphin County; refrain from issuing any occupancy certificates for
the subdivision; refrain from issuing any construction permits for
the subdivision; and may withhold any or all municipal services to
the subdivision until the violation is corrected or otherwise resolved
to the satisfaction of the Borough.
C.
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.
D.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the municipality the right
to commence any action for enforcement pursuant to this section.
