For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the Borough of Leetsdale, shall be appointed.

The Zoning Officer shall meet the qualifications established by the Borough of Leetsdale and shall be able to demonstrate to the satisfaction of the Borough a working knowledge of municipal zoning.

The Zoning Officer shall administer this chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.

The Zoning Officer shall conduct inspections and surveys as directed by the Zoning Ordinance[1] to determine compliance or non-compliance with the terms of the Zoning Ordinance.

The Zoning Officer shall enforce the Zoning Ordinance, including the issuance of enforcement notices and, where authorized by Council, the filing of civil enforcement proceedings with the magisterial district judge, and shall keep records of all enforcement activities.

The Zoning Officer shall perform a review of applications for conditional uses, special exceptions and variances for compliance with the Zoning Ordinance, and shall provide testimony at hearings on such applications.

Where directed by Council, the Zoning Officer may be charged with receiving appeals and applications for conditional uses, special exceptions, and variances, forwarding them to Council or the Zoning Hearing Board, as appropriate, and shall schedule hearings, advertising, post notices, and issue written notices of the hearings.

The Zoning Officer shall perform a review of applications for subdivision and land development for compliance with the Zoning Ordinance, and provide review comments to the Planning Commission and Borough Council.

Upon the request of Council, the Planning Commission, or the Zoning Hearing Board, the Zoning Officer shall present facts, records or information to assist in making decisions.

When required by the Zoning Ordinance, the Zoning Officer shall identify and register nonconforming uses and structures and record the reasons for the nonconforming status.

Where authorized by Council, the Zoning Officer shall take action on behalf of the Borough in any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, demolition, maintenance, or use of any building or structure, to restrain, correct, or abate such violation so as to prevent the occupancy or use of any building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

The Zoning Officer shall revoke by order a permit issued under a mistake of fact or contrary to the law or the provisions of the Zoning Ordinance.

The Zoning Officer shall keep records of all applications and plans for permits and the action taken thereon.

The Zoning Officer shall maintain a map or maps showing the current zoning districts and overlay districts for all the land within the Borough. Upon request - via permit applications or verbal and/or written requests - the Zoning Officer shall make determinations of any zoning map district boundary question.

Upon request, the Zoning Officer shall issue preliminary opinions under Section 916.2 of the MPC.[2] Whenever a subdivision or land development plan is presented to the Borough for review and approval, the Zoning Officer must review the plan for compliance with the requirements of the Zoning Ordinance. The Zoning Officer's review comments and determination must be provided to the Planning Commission and Borough Council. Where the Zoning Officer determines that the application or proposed plan violates the Zoning Ordinance, the Zoning Officer shall inform the applicant that conformance of the plan with the Zoning Ordinance is required. This zoning determination must precede subdivision or land development approval by Council. While approval of a preliminary subdivision or land development plan may be obtained in advance of a zoning approval, a zoning approval must be obtained in advance of a final plan approval.

The applicant for a building permit has been granted a zoning certificate, following the standards established by this chapter; and

The nature, location and dimensions of the proposed structure and its proposed use comply with the provisions of this chapter as well as with any other applicable laws, ordinances, and agreements.

A zoning certificate shall be obtained before any person may:

Applications for a zoning certificate shall be accompanied by a clear and complete description of the proposed use and a plot plan showing clearly and completely the location, dimensions and nature of any structure involved and such other information as the Zoning Officer may require for administration of this chapter, together with a filing fee in accordance with a schedule annually affixed by resolution of the Borough.

If it appears to the Borough of Leetsdale that a violation of this chapter has occurred, the Borough of Leetsdale shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.

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.

An enforcement notice shall state at least the following:

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 of Leetsdale, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough of Leetsdale 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 District Justice. If the defendant neither pays nor timely appeals the judgment, the Borough of Leetsdale 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 fifth 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.

The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Borough of Leetsdale the right to commence any action for enforcement pursuant to this section.

District Justices shall have initial jurisdiction over proceedings brought under this section.