The Borough Council may, from time to time,
amend, supplement, change, modify, or repeal this chapter, including
the Zoning Map. No such amendment, supplement, change, modification
or repeal shall become effective until after a public hearing in relation
thereto at which parties in interest and citizens shall have an opportunity
to be heard.
A.
At least 15 days' notice of such public hearing shall
be published in a newspaper of general circulation in the Borough,
and notices thereof shall be mailed to parties in interest and to
every civic association or association of residents in the Borough
who shall have registered its name and address for this purpose with
the Borough Manager. The notices shall state the time and place of
such hearing and the general nature of the proposed amendment
B.
In cases of a protest against such amendment, supplement,
change, modification or repeal signed by the owners of 20% or more,
either of the area of the lots included in such proposed change or
of those immediately adjacent on the rear thereof extending 100 feet
from the street frontage of such opposite lots, such amendment, supplement,
change or modification shall not become effective except by the favorable
vote of 3/4 of all the members of the Borough Council.
In case any building or structure is erected,
constructed, reconstructed, altered, repaired, converted or maintained
or any building, structure or land is used in violation of this chapter
or any regulations made pursuant thereto, the proper Borough authorities,
in addition to other remedies, may institute any appropriate action
or proceedings 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.
A.
Any person, 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 payable until the date of the determination
of the 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 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 it continues shall
constitute a separate violation. All judgments, costs and reasonable
attorney fees collected for the violation of this chapter shall be
paid over to the Borough.
B.
The court of common pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per-diem fine pending
a final adjudication of the violation and judgment.
C.
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the Borough
the right to commence any action for enforcement pursuant to this
section.
