Failure to secure a building permit when required prior to the
erection, construction, extension or addition to a building, or failure
to secure a use registration permit or sign permit shall be a violation
of this chapter.
[Amended 9-26-1989 by Ord. No. 704]
If the Zoning Officer finds that any of the provisions of this
chapter is being violated, he/she or she shall notify in writing the
owner of record of the parcel on which the violation has occurred,
any person who has filed a written request to receive enforcement
notices regarding that parcel, and any other person requested in writing
by the owner of record. An enforcement notice shall state at least
the following:
A.
The name of the owner or record and any other persons against whom
the Borough intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of the chapter.
D.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
E.
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a prescribed period of time in accordance to
the procedures set forth in this chapter.
F.
That failure to comply with the notice within time specified, unless
extended by appeal to the Zoning Hearing Board, constitutes a violation,
with possible sanctions clearly described.
[Amended 9-26-1989 by Ord. No. 704]
Any persons, partnership, or corporation who or which has violated
or permitted the violation of 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 be payable until the date of the determination of a violation
by the Magisterial District Judge. 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 offense, unless
the Magisterial District Judge 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 until the fifth day following the
date of the determination of a violation by the Magisterial District
Judge and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs, and reasonable attorney
fees collected for the violation of this chapter shall be paid to
the Borough.
In the event any building or structure is erected, constructed,
reconstructed, altered, repaired, converted, or maintained, or any
building, structure or land is used, or any hedge, tree, shrub or
other growth is maintained in violation of this chapter or of any
regulation made pursuant thereto, in addition to other remedies provided
by law, any appropriate action or proceedings, whether by legal process
or otherwise, may be instituted or taken to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance, or use, to restrain, correct or abate such violation,
to prevent the occupancy of said building, structure or land, or to
prevent any illegal act, conduct, business or use in or about such
premises.
The charges for permits, application for special exception,
application for variance, Zoning Hearing Board certificates, etc.,
shall be such as are determined by Borough Council from time to time.
