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and to show why such notice shall be modified or withdrawn.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.