Whenever the Borough Secretary or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, or of any regulation adopted pursuant thereto, such authority shall give notice of such alleged violation as hereinafter provided. Such notice shall be in writing; include a statement of the reasons for its issuance; allow a reasonable time for the performance of any act it requires; be served upon the property owner or his agent as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this state; and contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter, or any part thereof, and with the regulation adopted pursuant thereto.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Borough Council of Mt. Jewett, provided that such person shall file in the office of the municipal authority a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and the suspension. Upon receipt of such petition, the Mt. Jewett Borough Secretary shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice shall be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that upon application of the petitioner, the Mt. Jewett Borough Secretary may postpone the date of the hearing for a reasonable time beyond such ten-day period when, in his judgment, the petitioner has submitted good and sufficient reasons for such postponement.
After such hearing, the Mt. Jewett Borough Secretary shall make findings as to compliance with the provisions of this chapter and regulations issued thereunder and shall issue an order, in writing, sustaining, modifying, or withdrawing the notice, which shall be served as provided in § 250-23 of this article.
The proceedings at such a hearing, including the findings and decision of the authority, and, together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the municipality, but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this article. Any person aggrieved by a decision of the municipality may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this commonwealth.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of McKean County.