Downingtown City Zoning Code
ARTICLE XXIV
Miscellaneous Provisions
§ 287-152 Violations.
It shall be a violation of this chapter to undertake any action which is contrary to the terms of this chapter, including but not limited to the failure to obtain a building permit or use and occupancy permit as stipulated in Article XXI.
§ 287-153 Enforcement notice.
A.
If it appears to the Borough that a violation of this chapter has occurred, the Borough Council shall authorize the Zoning Officer to initiate enforcement proceedings by sending an enforcement notice. By means of the enforcement notice, the Zoning Officer may order discontinuance of illegal use of land or structures; removal of illegal structures or additions, alterations or structural changes thereto; or discontinuance of any illegal work being done.
B.
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.
C.
An enforcement notice shall, at minimum, state the following:
(1)
The name of the owner of record and any other persons 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 the chapter.
(4)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board, in accordance with the procedures set forth in this chapter.
(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 the possibility of sanctions.
§ 287-154 Causes of action.
A.
Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Officer. He shall record properly such complaint, investigate, take action thereon as provided by this chapter and report to the Borough Council regarding the complaint and his actions.
B.
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, the Borough Council or the Zoning Officer or any aggrieved owner or tenant of real property who show that his 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.
C.
Where any action authorized in Subsection B above, 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 upon the Borough Council. No such action may be maintained until such notice has been given.
§ 287-155 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 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 be 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 the 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 by the District Justice. Thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of the Zoning Ordinance shall be paid over to the Borough.
§ 287-156 Fees and expenses.
A.
Permit applications. Fees for building permit or use and occupancy permit applications shall be paid in accordance with a fee schedule adopted by resolution of the Borough Council. Such schedule may be revised, as necessary, by resolution of the Borough Council.
B.
Applications or appeals before the Borough Council or the Zoning Hearing Board.
(1)
Upon submission of an application or appeal before either the Borough Council or the Zoning Hearing Board, the applicant shall deposit an amount of money in accordance with a schedule of applicant expenses, adopted by resolution of the Borough Council. The Zoning Officer shall have the sole discretion to determine in which category an application falls and, therefore, what amount is due.
(2)
If, at any time, the charges then made against the applicant's deposit shall render the balance insufficient to ensure payment of all expenses that may accrue in the disposition of the pending appeal or application, the Zoning Officer shall obtain from the applicant additional deposits to assure adequate funds to pay such expenses as they may accrue. Prior to final disposition of the matter, the amount of the deposit balance shall not be less than 15% of the initial deposit amount. The failure of the Zoning Officer or the Zoning Hearing Board to require and obtain additional deposits from time to time shall not relieve the applicant from liability for expenses in excess of deposits. Any amount deposited in excess of actual final expenses shall be refunded to the applicant.
C.
Miscellaneous expenses. For each certified statement of compliance of any property with the provisions of this chapter, there shall be a fee paid in accordance with a fee schedule adopted by resolution of the Borough Council.
§ 287-157 Municipal liability.
The granting of any permit under this chapter shall create no liability upon nor a cause of action against any Borough official or employee for damages or injury that may occur from the use, construction or enlargement of structures or the use of land.