Jenkintown City Zoning Code
ARTICLE XVIII
Violations and Penalties; Fees
§ 181-111 Failure to secure permits or certificates.
Failure to secure a zoning permit or Zoning Hearing Board certificate, when required, previous to the erection, construction, extension or addition to a building, shall be a violation of this chapter.
§ 181-112 Notice of violation.
When written notice of violation of any of the provisions of this chapter has been served by the Building Inspector on the owner, agent or occupant, contractor or builder, such violation shall be discontinued immediately.
§ 181-113 Violations and penalties.
For any and every violation of the provisions of this chapter, the owner, general agent or contractor of building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any person who knowingly commits, takes part or assists in any such violation, or who maintains any building or premises in which any such violation shall exist shall be liable on conviction thereof to a fine not exceeding $500 for each and every offense or imprisonment in Montgomery County Prison for a period not exceeding 60 days, and whenever such person shall have been notified by the Building Inspector or by service of warrant in a prosecution or in any other way that he is committing such violation of this chapter, each day that he shall continue shall constitute a separate offense punishable by a like fine or imprisonment.
§ 181-114 Remedies.
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, Borough Council or, with the approval of Borough Council, an officer of the Borough designated, in addition to other remedies, may institute in the name of the Borough 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.
§ 181-115 Fees.
A.
Application for a change of zoning (revision to Zoning Map, curative amendment or challenges):
(1)
The filing fees and the deposit for a change of zoning shall be fixed from time to time by a resolution of the Borough Council.
(2)
The deposit shall be applied to the payment of all costs incurred by the Borough incidental to the application, including but not limited to advertising, stenographic services, engineering services, legal services, administrative services, etc. Any portion of the deposit not used to cover such expenses shall be refunded to the applicant as soon as a formal decision is made by Borough Council and all the bills or expenses incidental to the application have been received and paid.
(3)
Costs incurred by the Borough in excess of the filing fee and the deposit shall be billed to the applicant. Upon failure of the applicant to forthwith pay the bill so rendered, the Borough Secretary shall commence appropriate proceedings to recover the same from all persons obligated to pay the same.
B.
Application for a hearing before the Zoning Hearing Board (requesting a variance or special exception; appealing a decision of the Zoning Officer):
(1)
The filing fee and the deposit for a hearing before the Zoning Hearing Board shall be fixed from time to time by a resolution of the Borough Council.
(2)
The deposit shall be applied to the payment of all costs incurred by the Borough incidental to the application, including but not limited to advertising, stenographic services, engineering services, legal services, administrative services, etc. Any portion of the deposit not used to cover such expenses shall be refunded to the applicant as soon as all of the bills or expenses incidental to the application have been received and paid, but not sooner than 60 days after the Zoning Hearing Board's written decision, if not appealed; or if appealed, no sooner than 60 days after a court order on the appeal.
(3)
If any proceeding before the Zoning Hearing Board cannot be completed on one hearing date, the Borough Secretary shall be authorized to collect in advance from the applicant additional deposits in an amount equal to the deposit required for the first hearing for each and every continued hearing date. In every case, the applicant shall be obligated to pay all costs incurred by the Borough incidental to the application.
(4)
Costs incurred by the Borough in excess of the filing fee and the deposit(s) shall be billed to the applicant. Upon failure of the applicant to forthwith pay the bill so rendered, the Borough Secretary shall commence appropriate proceedings to recover the same from all persons obligated to pay the same.
C.
Other zoning items. The Borough Council shall by resolution fix from time to time fees for other zoning items, including but not limited to use and occupancy permits and zoning publications.