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(A) The Zoning Officer shall administer this chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use, which does not conform to this chapter. The Officer shall be considered as qualified to perform his or her duties by meeting the qualifications established by the borough.
(B) In addition, the Zoning Officer’s duties, obligations and responsibilities include the following.
(1) Application for zoning permits. The Zoning Officer shall receive applications for zoning permits and/or certificates. A zoning permit is an application filed prior to the start of construction/development by a developer to describe the proposed activity in sufficient detail to determine whether or not it meets the requirements of this and other applicable borough ordinances. Applications conforming to such ordinances shall be approved, those not conforming to such ordinances shall be denied.
(2) Inspections. The Zoning Officer or a duly appointed assistant may examine, or cause to be examined, all structures and/or land for which an application for a zoning permit or a zoning certificate has been requested. Such inspections may be before, during and after any construction and shall be made upon the termination of construction and prior to the issuance of a certificate of occupancy.
(3) Permits, applications, appeals and certificates. The Zoning Officer shall issue or deny such permits or certificates as required by this chapter where no other body is involved; shall receive all applications for conditional uses, special exceptions and variances and forward same to the appropriate body. Where a decision is made by another body, the Zoning Officer shall issue or deny the permit as ordered by the applicable Board.
(4) Enforcement. The Zoning Officer is authorized to institute civil enforcement proceedings as a means of enforcing this chapter and to revoke or refuse permits as authorized.
(1980 Code, Ch. 28, Part 9, § 28-902) (Ord. 1419, passed 9-16-2013, § 902)
(A) Zoning permits. An application for a zoning permit will be to show compliance with this and other appropriate borough ordinances. Applications shall contain information relative to the proposed construction and/or use in sufficient detail to inform the Zoning Officer of the scope and extent of the proposed development. The exact details required, including sketches, plat plans as well as the number of copies, time limits and fees for such applications shall be determined by the borough.
(B) Zoning certificate. The zoning certificate shall be issued upon request to confirm that the use of land or a building within the borough is in compliance with this chapter. Zoning certificates shall also be required for a change of use of a structure or land to a different use and changes to a nonconforming use or structure. The exact form of the certificate and fees charged shall be determined by the borough.
(2) No sign permit shall be issued except in conformity with the regulations of this chapter, except after written order from the Zoning Hearing Board or the courts.
(1980 Code, Ch. 28, Part 9, § 28-903) (Ord. 1419, passed 9-16-2013, § 903)
(A) Enforcement notice. When it appears to the borough and/or the Zoning Officer that a violation has occurred, the Zoning Officer shall send an 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 the parcel, and to any other person requested in writing by the owner of record. The enforcement notice shall state the following:
(1) The name of the owner of record and any other person against whom the borough intends to take action;
(2) The location of the property in violation;
(3) The specific violation with a description of the requirements, which have not been met, citing in each instance the applicable provisions of this chapter;
(4) The date before which the steps for compliance must be commenced and the date before which the steps must be completed;
(5) 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; and
(6) That 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.
(B) Causes of action. In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, and any amendment thereto or prior enabling laws, the borough, the Zoning Officer of the borough, or any aggrieved owner or tenant of real property who shows that his or her property or person will be substantially affected by the alleged violation, in addition to other remedies, 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. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the borough at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Borough Council. No such action may be maintained until such notice has been given.
(C) Jurisdiction. District justices shall have initial jurisdiction over proceedings brought under § 156.999.
(1980 Code, Ch. 28, Part 9, § 28-904) (Ord. 1419, passed 9-16-2013, § 904) Penalty, see § 156.999
AMENDMENTS
Borough Council may introduce and/or consider amendments to this chapter and to the Zoning Map, as proposed by a member of the Borough Council, the Planning Commission, or by a petition of a person or persons residing or owning property within the borough.
(1980 Code, Ch. 28, Part 10, § 28-1001) (Ord. 1419, passed 9-16-2013, § 1001)
Petitions for amendments shall be filed with the Zoning Officer; and the petitioners, upon such filing, shall pay an advertising deposit and a filing fee, in accordance with a fee schedule affixed by the borough.
(1980 Code, Ch. 28, Part 10, § 28-1002) (Ord. 1419, passed 9-16-2013, § 1002)
Any proposed amendment presented to Borough Council without written findings and recommendations from the borough Planning Commission and the County Regional Planning Commission, shall be referred to these agencies for their review and recommendations prior to the public hearing by the Borough Council. The Board shall not hold a public hearing upon such amendments until required reviews and recommendations are received or the expiration of 30 days from the date that such proposed amendments were submitted to the borough and County Planning Commissions.
(1980 Code, Ch. 28, Part 10, § 28-1003) (Ord. 1419, passed 9-16-2013, § 1003)
Before acting upon a proposed amendment, the Borough Council shall, as required by law, hold a public hearing thereon. Public notice of such hearing is required and shall contain a brief summary of the proposed amendment and reference to the place where copies of the same may be examined, shall be published in accordance with the provisions of the Pennsylvania Municipalities Planning Code. If the proposed amendment involves a change to the Zoning Map, notice of the public hearing shall be posted at the affected tract in accordance with § 609 of the Pennsylvania Municipalities Planning Code (53 P.S. § 10609) at least one week prior to the date of the hearing.
(1980 Code, Ch. 28, Part 10, § 28-1004) (Ord. 1419, passed 9-16-2013, § 1004)
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter and any amendment thereto any prior enabling laws 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 a 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 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 continues shall constitute a separate violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of zoning ordinances shall be paid over to the borough. Nothing contained in this section shall be construed or interpreted to grant any person or entity other than the borough and its Zoning Officer the right to commence any action for enforcement pursuant to this section.
(1980 Code, Ch. 28, Part 9, § 28-904) (Ord. 1419, passed 9-16-2013, § 904)