§ 153.183 PREVENTIVE REMEDIES.
   (A)   In addition to other remedies, the borough may institute and maintain appropriate actions of law or in equity to restrain, correct or abate violations, to prevent unlawful sale of lots prior to the recording of the final plan (except as permitted by auction sale), to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
   (B)   The borough may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of this chapter.
   (C)   This authority to deny such a permit or approval shall apply to any of the following applicants:
      (1)   The owner of record at the time of such violation;
      (2)   The grantee or lessee of the owner of record at the time of such violation whether or not such a grantee or lessee had actual or constructive knowledge of the violation;
      (3)   The current owner of record who acquired the property subsequent to the time of violation whether or not such current owner had actual or constructive knowledge of the violation; and
      (4)   The grantee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such grantee or lessee had actual or constructive knowledge of the violation.
   (D)   As an additional condition for issuance of a permit or the granting or an approval to any such owner, current owner, grantee or lessee for the development of any such real property, the borough may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.
(Ord. 1-2006, passed 5-8-2006)