Lower Burrell City Zoning Code
ARTICLE XXI
Administration and Enforcement
§ 300-168 Appointment and powers of Zoning Officer. [1]
A.
For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the City, shall be appointed by Council from a list of candidates who have been qualified by the appropriate civil service exam.
B.
The Zoning Officer shall meet the qualifications established by the City and shall be able to demonstrate to the satisfaction of the City a working knowledge of municipal zoning.
C.
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.
D.
The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.
E.
§ 300-169 Enforcement notice. [1]
A.
If it appears to the City that a violation of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
B.
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.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom the City intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
(4)
The date before which the steps for compliance must he commenced and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a period of 30 days.
(6)
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
§ 300-170 Causes of action. [1]
In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the City Council or, with the approval of the City Council, an officer of the City, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the City at least 30 days prior to the time the action is begun by serving a copy of the complaint on the City Council. No such action may be maintained until such notice has been given.
§ 300-171 Enforcement; violations and penalties. [1]
A.
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 City, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the City 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 City 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.
B.
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.
C.
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the City the right to commence any action for enforcement pursuant to this section.
D.
Magisterial District Judges shall have initial jurisdiction over proceedings brought under this section.
§ 300-172 Method of appeal.
Any person or City official aggrieved or affected by any decision of the Zoning Officer may, within 30 days, appeal to the Zoning Hearing Board as provided in § 300-181, by filing a notice of appeal specifying the grounds thereof. Upon denial of the appeal, one year from the date of the Board's denial shall elapse before reappeal. Reappeal may only be made when the grounds for the denial have been eliminated.[1]