Doylestown City Zoning Code
PART 13
AMENDMENTS; REMEDIES; PENALTIES; SEPARABILITY
§ 1301 Power of Amendment.
[Ord. 1972-10, 10/16/1972, Art. XII, § 1200]
Borough Council may from time to time amend this Chapter, including the Zoning Map.
§ 1302 Public Hearings Prior to Amendment.
[Ord. 1972-10, 10/16/1972, Art. XII, § 1201; as amended by Ord. 1991-3, 2/18/1991, § 10]
Before voting on the enactment of any amendment, the Council shall hold a public hearing thereon, pursuant to public notice. If the proposed amendment involves a zoning map change, notice of the public hearing shall be conspicuously posted by the Borough at points along the perimeter of the tract at least one-week prior to the date of the hearing. In addition to the public notice of the public hearing required by this Section, notice of the proposed enactment of the amendment shall be given by the Borough by publishing the proposed amendment once in one newspaper of general circulation in the Borough not more than 60 days nor less than seven days prior to passage. This notice shall include the time and place of the meeting at which passage will be considered as well as a reference to a place within the Borough where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof.
§ 1303 Procedure upon Curative Amendments.
[Ord. 1972-10, 10/16/1972, Art. XII, § 1201.1; as amended by Ord. 1991-3, 2/18/1991, § 10]
A landowner who desires to challenge on substantive grounds the validity of this Chapter or any part hereof that prohibits the use or development of land in which he has an interest, may submit a curative amendment to Borough Council with a written request for hearing. Borough Council shall commence a hearing thereon within 60 days of the submission of a properly completed request following procedures outlined in Article VI, § 609.1 of the Pennsylvania Municipalities Planning Code.
§ 1304 Submission to the Planning Agency.
[Ord. 1972-10, 10/16/1972, Art. XII, § 1202; as amended by Ord. 1991-3, 2/18/1991, § 10]
In the case of an amendment other than one prepared by the Planning Commission, Borough Council shall submit each such amendment to the Borough Planning Commission and the Bucks County Planning Commission at least 30 days prior to the hearing in order to provide the Planning Commission an opportunity to submit recommendations. Within 30 days after enactment, a copy of the amendment shall be forwarded to the Bucks County Planning Commission.
§ 1305 Enforcement Penalties.
[Repealed by Ord. 1991-3; Ord. 1972-10, 10/16/1972, Art. XII, § 1203; as repealed by Ord. 1991-3, 2/18/1991, § 11]
§ 1306 Enforcement Remedies.
[Ord. 1972-10, 10/16/1972, Art. XII, § 1204; as amended by Ord. 1991-3, 2/18/1991, § 12]
1.
Any person, partnership or corporation who or which has violated any of the provisions of this Chapter, upon being found liable therefore in a civil enforcement proceeding commenced by the Borough shall pay a judgment of not more than $500 plus all court costs plus reasonable attorney fees incurred by the Borough as a result thereof. No judgement 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 5th day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.
2.
The Court of Common Pleas, upon petition of the defendant, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
3.
Nothing contained herein shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this Section.
§ 1307 Complaints of Violations.
[Ord. 1972-10, 10/16/1972, Art. XII, § 1205]
Whenever a violation of this Chapter occurs, any resident, tenant, or property owner within Doylestown Borough may file a written complaint with the Zoning Officer in regard thereto. The Zoning Officer shall promptly investigate all complaints and report thereon to Borough Council.
§ 1308 Separability.
[Ord. 1972-10, 10/16/1972, Art. XII, § 1206]
It is hereby declared to be the legislative intent that:
1.
If a court of competent jurisdiction declares any provision of this ordinance to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this ordinance shall continue to be separately and fully effective.
2.
If a court of competent jurisdiction finds the application of any provision or provisions of this ordinance to any lot, building, or other structure, or tract of land, to be invalid or ineffective, in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property or situations shall not be affected.