[Ord. No. 2002-196, 9/30/2002]
1.
Any person, partnership or corporation who or which has violated
the provisions of this chapter of the Code of the Borough of New Stanton
enacted under Act 247, Pennsylvania Municipalities Planning Code,[1] and all amendments thereto, 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 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
Borough 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 this
chapter to have believed that 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
2.
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.
3.
Nothing contained in this Part shall be construed or interpreted
to grant to any person or entity other than the Borough of New Stanton
the right to commence any action for enforcement pursuant to this
Part.
