Franklin City Zoning Code
ARTICLE X
Administration and Enforcement
§ 161-52 Enforcement.
The Borough Council shall enforce this chapter and any regulation hereunder. A zoning permit, or other permit, certificate or authorization as provided in this chapter and as may be appropriate, shall be required as a condition precedent to the erection, construction, alteration, repair, remodeling, conversion, removal or destruction or resubdivision or any land. The Zoning Officer, Code Enforcement Officer or such other administrative officer and office as shall be established by the Borough Council shall be responsible for the issuance of such permits, certificates and authorizations upon the submission of such data, materials, plans, plats and information as is authorized under this chapter and upon the express approval of the appropriate state, county or Borough agencies. The fees to cover administrative costs for the issuance of such permits, certificates and authorizations are provided in this chapter. In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, any proper Borough authority or any interested party, in addition to any other remedies, may institute an appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
§ 161-53 Selling before approval; penalty; suit by Borough.
A.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Borough approval is required by ordinance pursuant to this chapter, such person shall be subject to a penalty not to exceed $1,000.00, and each lot disposition so made may be deemed a separate violation.
C.
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid and, also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.
§ 161-54 Certificates showing approval; contents.
A.
The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding the effective date of this chapter, may apply in writing to the Zoning Officer for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
B.
The Zoning Officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said Officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
C.
Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:
(1)
That there exists in the Borough of Franklin a duly established Planning Board and that there is an ordinance controlling subdivision of land adopted under the authority of this chapter.
(2)
Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision.
(3)
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this chapter.
§ 161-55 Right of owner of land covered by certificate.
A.
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to the provisions of this article.
B.
If the Zoning Officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to this article.
C.
Any such application addressed to the Borough Clerk shall be deemed to be addressed to the proper designated officer, and the municipality shall be bound thereby to the same extent as though the same was addressed to the designated official.
§ 161-56 Violations and penalties.
A.
Any person who shall violate any of the provisions of this chapter or fail to comply therewith, or with any of the requirements thereof, or who shall erect, structurally alter, enlarge, rebuild of move any building or buildings or any structure or who shall put into use any lot or land in violation of any detailed statement or plan submitted hereunder or who shall refuse reasonable opportunity to inspect any premises shall be liable for a fine of not more than $500 or to imprisonment for not more than 90 days, or both such fine and imprisonment. Each and every day such violation continues shall be deemed a separate and distinct violation.
B.
The owner of any building or structure, lot or land, or part thereof, where anything in violation of this chapter shall be placed or shall exist and any architect, builder, contractor, agent, person or corporation employed in connection thereof and who assists in the commission of such violation shall each be guilty of a separate offense and, upon conviction thereof, each shall be liable to the fine or imprisonment, or both, specified in Subsection A above.