(a) Right of Entry. Upon presentation of proper credentials, duly authorized representatives of the City may enter at reasonable times upon any property to investigate or ascertain the condition of the subject property in regard to an aspect regulated by this chapter.
(b) Notification. In the event that the applicant, developer, owner or his or her agent fails to comply with the requirements of this chapter or fails to conform to the requirements of any permit, a written notice of violation shall be issued. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of the violation(s). Upon failure to comply within the time specified, unless otherwise extended by the City, the applicant, developer, owner or his or her agent shall be subject to the enforcement remedies of this chapter.
(c) Preventive Remedies.
(1) In addition to other remedies, the City may institute and maintain appropriate actions by law in equity to restrain, correct or abate a violation, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building or premises.
(2) In accordance with the Pennsylvania Municipalities Planning Code (Section 515.1), the City may refuse to issue any permit or grant approval to further improve or develop any property which has been developed in violation of this chapter.
(d) Enforcement Remedies.
(1) Any person who 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 Municipality, pay a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00) plus court costs, including reasonable attorney fees incurred by the City. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice.
(2) If the defendant neither pays nor timely appeals the judgment, the City may enforce the judgment pursuant to applicable rules of civil procedure.
(3) Each day that a violation continues shall constitute a separate violation unless the District Justice further determines that there was a good faith basis for the person violating the chapter to have believed that there was no such violation. In such case there shall be deemed to have been only one such violation until the fifth day following the date of the District Justice's determination of violation; thereafter each day that a violation continues shall constitute a separate violation.
(4) All judgments, costs and reasonable attorney fees collected for a violation of this chapter shall be paid over to the City.
(5) The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, totaling the per diem fine pending a final adjudication of the violation and judgment.
(6) Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the City the right to commence any action for enforcement pursuant to this section.
(e) Additional Remedies. In addition to the above remedies, the City may also seek remedies and penalties under applicable Pennsylvania statutes, or regulations adopted pursuant thereto, including, but not limited to, the Storm Water Management Act (32 P.S. Section 693.1-693.27) and the Erosion and Sedimentation Regulation (25 Pennsylvania Code, Chapter 102). Any activity conducted in violation of this chapter or any Pennsylvania approved watershed stormwater management plan may be declared a public nuisance by the City and abatable as such.
(Ord. 14-91. Passed 8-28-91.)