A.
Whenever the Borough Permit Officer, or other duly authorized municipal
representative including, but not limited to the Mayor, the Borough
Solicitor, the Borough Engineer, and the Chairman of a Borough Commission
or Council Committee, determines there are reasonable grounds to believe
there is or has been a violation of any provision of this Part 1,
of a related ordinance, or of any rule or regulation adopted pursuant
to this or a related ordinance, such authority may give notice of
such alleged violation as follows:
(1)
Notice shall be in writing.
(2)
Notice shall contain a statement of the reasons for its issuance.
(3)
Notice shall allow a stated period of time for the performance of
any acts required for compliance. The time period shall not be less
than 30 days; provided, however that a shorter period for compliance
may be stated where there may be danger to persons or property from
an unsafe condition associated with noncompliance.
(4)
Notice shall contain an outline of remedial action which, if taken,
will affect compliance.
(5)
Notice shall be served upon the applicant where a permit has issued,
upon the property owner, or an agent of the property owner; provided,
however, that such notice shall be deemed to have been properly served
upon such person when a copy thereof has been served by any method
authorized or required by the Laws of the Commonwealth, including
but not limited to personal service, service by certified mail, or
service by posting notice on the premises where the alleged violation
exists.
B.
Where there has been no action to comply with a notice or no application
made for a required permit and the greater of a period of time 15
days greater than that stated in the notice has passed or a period
of 45 days from the time of service has passed, it shall be presumed
that the allegations of the notice are accurate and the person served
has been and is continuing to be in violation alleged in the notice.
A.
Any person affected by any notice which has been issued as provided in § 159-31 of this Part 1 may request and shall be granted a hearing on the matter before the Borough Council, or a Council Committee or Borough Commission empowered by said Council, provided such person shall file a written petition requesting such hearing with the Borough Secretary within the time period within which compliance is required [see § 159-31A(3) above].
B.
The filing of the request for a hearing shall operate as a stay of
the notice.
C.
Upon receipt of such petition, the Borough Secretary shall set a time and place for such hearing and shall give the petitioner not less than three days' written notice thereof. The hearing shall be commenced not later than 20 days nor less than five days after the day on which the petition was filed; provided, however, that upon written application by the petitioner, the Borough Secretary may continue the date of the hearing for a greater period of time beyond the 20 days which greater period shall not be later than 30 days after the period of time for compliance [see § 159-31A(3) above] stated in the notice would have expired, when in her sole judgment the petitioner has submitted good and sufficient reason for such continuance.
D.
At such hearing the petitioner shall be given an opportunity to be
heard and to show cause why the allegations of the notice are inaccurate
and the notice should be modified or withdrawn.
E.
After such hearing the Borough Council, or the Borough Commission or Council Committee, shall make findings as to compliance with the allegedly violated provisions and shall issue an order in writing, sustaining, modifying, or withdrawing the notice which order shall be served in the same manner provided for service of notice in § 159-31A(5) of this Part 1. The order may include a modification of the notice to include violation or required actions which go beyond the scope of the notice upon which hearing was held provided there has been information to such at the hearing.
F.
The proceedings at such a hearing, including the findings and decision,
together with a copy of every notice and order related hereto shall
be entered as a matter of public record with the Borough Secretary,
but the transcript of the proceedings need not be transcribed unless
judicial review of the decision is sought by appeal to a court of
competent jurisdiction as provided by the Laws of this Commonwealth.
A.
If compliance with the requirements of this Part 1 would result in
an exceptional hardship for a prospective builder or property owner,
the Borough of Pine Grove, may, upon written request, grant relief
from the strict application of the requirement.
B.
Requests for variances shall be considered by the full Borough Council in accordance with the procedures contained in § 159-32 and the following procedures:
(1)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(2)
In granting any variance, the Borough Council shall attach whatever
reasonable conditions and safeguards it considers necessary in order
to protect the public health, safety, and welfare, and to achieve
the objective of this Part 1.
(3)
In reviewing any request for a variance, the Borough Council shall
consider, but not be limited to, the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(c)
That the granting of the variance will not result in an unacceptable
or prohibited increase in threats to public safety, extraordinary
public expense, create nuisances, cause fraud on, or victimization
of the public, or conflict with any other applicable local or state
ordinance and regulations.
A.
Any person aggrieved by an action or decision of the Permit Officer, or by any requirement of this Part 1, may appeal to the Borough Council, or the properly empowered Borough Commission or Council Committee. Such appeal must be filed, in writing, within 30 days after the decision or action of the Permit Officer with the Borough Secretary. Upon receipt of such appeal the Borough Secretary shall set a time and place, within not less than 10 days nor more than 30 days, for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard. Hearing shall be in conformance with the requirements set forth in § 159-32 of this Part 1.
B.
Any person aggrieved by any order of decision upon an appeal provided for in Subsection A of this section or any hearing whether on notice or after application for variance, held under § 159-32 of this Part 1 may seek relief within 30 days from filing of same with the Borough Secretary by appeal to a court of competent jurisdiction as provided by the Laws of this Commonwealth.
A.
Upon any person failing to comply with a notice issued in conformance with § 159-31 of this Part 1 which gives notice of violation of §§ 159-7, 159-8, 159-10, 159-12, 159-18, or §§ 159-26 through 159-28, the Borough Secretary shall give notice of such failure to the Borough Works Manager who shall, by use of Borough employees or by contract, have the work completed to remove the violation. The owner of the property upon which or along which work hereunder has been performed shall be liable for the costs thereof, which shall include related administrative costs associated therewith, with 10% added and such shall be assessed against the property. In addition, if payment is not made within 30 days after the owner has been billed, interest shall be charged on the full amount due at the rate of 9% per year compounded quarterly.
B.
Where there is a violation of § 159-20 and the property owner, or his agent in possession of the property, has been given written notice by a police officer and continues in violation six hours after being given such written notice shall have his sidewalk area brought in compliance with the provisions of § 159-20 by Borough employees or a private contractor under the direction of the Borough Works Manager. The owner of the property upon which or along which work hereunder has been performed shall be liable for the costs thereof, which shall include related administration costs and travel time of workers associated therewith, with 10% added and such shall be assessed against the property. In addition, if payment is not made within 30 days after the owner has been billed, interest shall be charged on the full amount due at the rate of 9% per year compounded quarterly.
C.
Where there is a violation of § 159-24, 159-25, or a violation of any other provisions of this Part 1 and such violation poses a potential danger to persons or property in the vicinity of the violation and the property owner, or his agent in possession of the property, has been given written notice by an authorized Borough representative and the violation continues for beyond the time within which compliance was required by the notice which period of time shall not be less than 12 hours nor more than 72 hours, the violation shall be eliminated by Borough employees or a private contractor under the direction of the Borough Works Manager. The owner of the property upon which or along which work hereunder has been performed shall be liable for the costs thereof, which shall include related administrative costs and travel time of workers associated therewith, with 10% added and such shall be assessed against the property. In addition, if payment is not made within 30 days after the owner has been billed, interest shall be charged on the full amount due at the rate of 9% per year compounded quarterly.
D.
If it shall be necessary to resort to legal action for the collection of any amounts due under Subsection A, B, or C of this section, the property owner shall also be liable for all costs and expenses associated with such collection. Action for collecting may be by assumpsit, by municipal lien, or any other action and procedure provided or permitted by the Laws of this Commonwealth.
E.
Violations of this Part 1 shall be punishable for each offense by
a fine of not less than $25 nor more than $1,000, plus costs of prosecution,
and, in default of payment of such fine and costs, by imprisonment
for not more than 30 days.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
In addition to the above assessments and fines all other actions
are hereby reserved including in equity for the proper enforcement
of this Part 1.
G.
The imposition of a fine or other penalty for any violation of, or noncompliance with, provisions of this Part 1 shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violation or noncompliance within a reasonable time. The assessments, fines, penalties, and other actions provided in this section shall be cumulative and resorting to any one remedy shall not preclude the Borough from pursuing other remedies provided herein or by applicable Laws of this Commonwealth.
