(A) Violations. Any person or entity that commits or permits any of the following actions shall have violated 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 a zoning permit;
(4) Violation of any condition imposed by a decision of the Zoning Hearing Board in granting a variance or special exception or other approval; and
(5) Violation of any condition imposed by a decision of the Borough Council 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 or her option informally request compliance.
(2) Enforcement notice.
(a) 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.
(b) An enforcement notice shall state the following, at a minimum:
1. The name of the owner of record and anyone 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. Unless otherwise stated in the enforcement notice, the property must come into compliance within 30 days after the date of receipt of the notice; and
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. (Note: See § 154.011(E) of this chapter and § 914.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10914.1.)
(c) 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.
(C) Evidence; 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 appeal 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.
(D) Causes of action. If the enforcement notice is not complied with, within the specified time period, the Zoning Officer shall notify Borough Council. With the consent of Borough Council, the Zoning Officer, 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. (Note: § 617 of the Pennsylvania Municipalities Planning Code also addresses actions by other parties, 53 P.S. § 10617.)
(2006 Code, § 27-106) (Ord. 12/18/2003, passed 12-18-2003, § 106; Ord. 2006-3, passed 7-10-2006) Penalty, see § 154.999