A.Â
The Borough Council may grant a modification of the requirements
of one or more provisions of this chapter if the literal enforcement will
exact undue hardship because of peculiar conditions pertaining to the land
in question, provided that such modification will not be contrary to the public
interest and that the purpose and intent of this chapter is observed.
B.Â
All requests for modification shall be in writing and
shall accompany and be part of the application for development. The request
shall state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of this chapter
involved and the minimum modification necessary.
C.Â
The request for modification shall be referred to the
Planning Commission for advisory comments.
D.Â
The Borough Council shall keep a written record of all
action on all requests for modifications.
A.Â
In addition to other remedies, the Borough of Brentwood
may institute and maintain appropriate actions by law or in equity to restrain,
correct or abate violations to prevent unlawful construction, to recover damages
and to prevent illegal occupancy of a building, structure or premises. The
description by metes and bounds in the instrument of transfer or other documents
used in the process of selling or transferring shall not exempt the seller
or transferrer from such penalties or from the remedies herein provided.
B.Â
The Borough of Brentwood may refuse to issue any permit
or grant any approval necessary to further improve or develop any real property
which has been developed or which has resulted from a subdivision of real
property in violation of this chapter. This authority to deny such a permit
or approval shall apply to any of the following applicants:
(1)Â
The owner of record at the time of such violation.
(2)Â
The vendee or lessee of the owner of record at the time
of such violation without regard as to whether such vendee or lessee had actual
or constructive knowledge of the violation.
(3)Â
The current owner of record who acquired the property
subsequent to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
C.Â
As an additional condition for issuance of a permit or
the granting of an approval to any such owner, current owners, vendee or lessee,
for the development of any such real property, the Borough of Brentwood may
require compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such real property.
A.Â
Any person, partnership or corporation who or which has
violated the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Borough of Brentwood, pay
a judgment of not more than $500, plus all court costs, including reasonable
attorney fees incurred by the Borough of Brentwood as a result thereof. No
judgment shall commerce 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 of Brentwood 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 there 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.
B.Â
The Court of Common Pleas, upon petition, may grant an
order of stay upon cause shown, tolling the per diem judgment pending the
final adjudication of the violation and judgment.
C.Â
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the Borough of
Brentwood the right to commence any action for enforcement pursuant to this
section.
D.Â
District Justices shall have initial jurisdiction in
proceedings brought under this section.