All of the enforcement, violations and penalty provisions of the MPC, 53 P.S. §§ 10101 et seq., as amended, are hereby incorporated into this Chapter by reference.
A. Violations. Any person who shall commit or who shall permit any of the following actions violates this Chapter:
(1) Failure to secure a zoning permit prior to a change in use of land or structure, or the erection, construction or alteration of any structure or portion thereof, or the excavation of land to prepare for the erection, construction or alteration of any structure or portion thereof.
(2) Placement of false statements on or omitting relevant information from an application for a zoning permit.
(3) Undertaking any action in a manner which does not comply with an approved zoning permit.
(4) Violation of any conditions imposed by a decision of the Zoning Hearing Board in granting a variance, special exception or other approval.
(5) Violation of any condition imposed by a decision of the Borough Council of the Borough in granting a conditional use.
B. Causes of Action; Enforcement; Remedies.
(1) Enforcement. If it appears to the Borough that a violation of this Chapter has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice. Prior to sending an official enforcement notice, the Zoning Officer may at his/her option informally request compliance.
(2) Enforcement Notice. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record. An enforcement notice shall state the following, at minimum:
(a) The name of the owner of record and any other person against whom the Borough intends to take action.
(b) The location of the property in violation.
(c) The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this Chapter.
(d) The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(e) The recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this Chapter.
(f) Failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
(3) Evidence and Fees. In any appeal of an enforcement notice to the Zoning Hearing Board, the Borough shall have the responsibility of presenting its evidence first. Any filing fees paid by a party to an appeal to an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Borough if the Zoning Hearing Board, or any court in a subsequent appeal, rules in the appealing party’s favor.
(4) Cause of Action. If the enforcement notice is not complied with, within the specified time period, the Zoning Officer shall notify the Borough Council of the Borough. With the consent of the Borough Council of the Borough, the Borough Solicitor or other officer of the Borough may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent in or about such premises, any act, conduct, business or use constituting a violation.
(5) Violations and Penalties. 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 therefore in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including the reasonable attorney’s fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the magisterial district judge. 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 a magisterial district judge 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 5th day following the date of the determination by the magisterial district judge, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney’s fees collected for the violation of this Chapter shall be paid over to the Borough. Imprisonment shall not be authorized by this Chapter. (A.O.)
(Ord. 2009-3, 12/16/2009, § 913; as amended by A.O.)