Hatboro City Zoning Code
PART 24
VIOLATIONS, FINES, REMEDIES AND CHARGES
§ 27-2401 Violation for Failure to Secure Zoning Permit.
[Ord. 761, 8/26/1985, § 2200]
Failure to secure a zoning permit when required under this chapter shall be a violation of this chapter.
§ 27-2402 Notice of Violation.
[Ord. 761, 8/26/1985, § 2201]
When written notice of a violation of any of the provisions of this chapter has been served by the Zoning Officer or his representative, on the owner, agent, occupant, contractor, builder or other person, partnership or corporation violating the provisions of this chapter, such violation shall be discontinued immediately.
§ 27-2403 Penalties.
[Ord. 761, 8/26/1985, § 2202; as added by Ord. 1005, 5/23/2011]
1.
Any person, partnership or corporation who or which has violated 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 payable until the date of the determination of a violation by the magisterial district judge. 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 magisterial district judge 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 fifth day following the date of the determination of a violation by the magisterial district judge and thereafter each day that a violation continues shall constitute a separate violation.
2.
The court of common pleas, upon petition, 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 in this section 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.
4.
Magisterial district judges shall have initial jurisdiction in proceedings brought under this section.
§ 27-2404 Enforcement Remedies.
[Ord. 761, 8/26/1985, § 2203]
In case any building, structure, or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Borough of Hatboro or, with the approval of the Borough Council, an officer of the Borough of Hatboro, in addition to other remedies, may institute in the name of the Borough of Hatboro any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation of this chapter.
§ 27-2405 Charges.
[Ord. 761, 8/26/1985, § 2204]
The charges for permits, applications for conditional uses, special exceptions and variances, appeals, zoning certificates and other applications to the Zoning Hearing Board shall be established from time to time by resolution of Borough Council. Applicants shall also be responsible for costs incurred by the Borough as a result of any required hearing, including stenographic fees, advertising charges and any other fee or charge. The Borough may require a deposit to cover any such fees or charges.