Manor City Zoning Code
PART 11
ADMINISTRATION AND ENFORCEMENT
§ 27-1101 Zoning Officer.
[Added by Ord. No. 605-25-02, 4/9/2025]
The Zoning Officer shall be appointed by Borough Council and is hereby vested with the authority to:
1.
Administer and enforce the provisions of this chapter in accordance with its terms. The Zoning Officer shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.
2.
Issue permits required by this chapter.
3.
Maintain a permanent file with all permits and applications required under this chapter as public records.
4.
Identify and register all nonconforming lots, uses and structures as required by law, together with the reasons why the use or structure is nonconforming and issue any necessary permit to the owner of said use or structure.
§ 27-1102 Enforcement Notices.
[Added by Ord. No. 605-25-02, 4/9/2025]
1.
If it appears to the Borough that a violation of this chapter or prior enabling laws have occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
2.
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/or to any other person requested, in writing, by the owner of record to receive notice.
3.
An enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom the Borough intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
D.
The date on or before which steps for compliance must be commenced and the date by which such steps must be completed.
E.
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this chapter.
F.
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.
G.
In any appeal of any enforcement notice to the Zoning Hearing Board the Borough shall present its evidence first.
H.
Any filing fees paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Borough if the Zoning Hearing Board, or any court in a subsequent appeal, rules in the appealing party's favor.
§ 27-1103 Violations and Penalties.
[Added by Ord. No. 605-25-02, 4/9/2025]
Any person, partnership, corporation or other entity violating 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 less than $300 nor more than $600 plus all court costs, and reasonable attorney fees incurred by the Borough in the pursuit thereof. Each day that a violation continues to exist after the date specified in the enforcement notice to correct same, shall constitute a separate violation and be subject to a separate penalty, without the necessity of initiating a separate action. No judgment shall commence or be imposed, levied or payable until a court of competent jurisdiction determines that a violation exists. Where a civil judgment for a violation of this chapter has not been timely paid, the violator shall be liable for the penalty imposed, including daily penalties of not less than $300 nor more than $600 for each day a violation continues, plus court costs and reasonable attorneys' fees incurred by the Borough in subsequent enforcement proceedings.
1.
The transfer or attempted transfer of all or any portion of the premises upon which the violation occurs shall not exempt the seller/transferor or the buyer/transferee from such penalties or from the remedies herein provided for violations occurring during the seller or transferor's period of ownership.
2.
The owner or tenant of any structure or premises or land or lot or part thereof, or any agent, architect, attorney, banker, builder, contractor or other person who commits, participates in, assists in or maintains such violation may each be found to be in separate violation of this chapter and be subject to those penalties herein provided.
3.
The Borough may refuse to issue any permit or grant any approval necessary to further improve or develop any real property subject to development, or resulting from a subdivision of real property, in violation of this chapter or any other ordinance referenced herein.
4.
The Borough may refuse to issue any permit or grant any approval necessary to further improve or develop any real property subject to development, or resulting from a subdivision of real property, where a violation of this chapter or any other ordinance referenced herein, exists on the property for which the permit or approval is sought.
§ 27-1104 Expiration and Extensions of Permits and Approvals.
[Added by Ord. No. 605-25-02, 4/9/2025]
1.
All permits and approvals issued under this chapter shall expire one year from the date the permit is issued or approval given, unless the construction of the structure contemplated therein is completed or an occupancy permit for the operation of the use is issued by the Borough.
2.
Any variance or special exception use granted or approved by the Zoning Hearing Board shall expire one year from the date the decision of the Zoning Hearing Board is issued unless the construction of the structure contemplated therein is completed or an occupancy permit for the operation of the use is issued by the Borough. In the event the applicant cannot complete construction or obtain an occupancy permit within one year, such applicant may request the Zoning Hearing Board for an extension of time, not to exceed one year.
3.
Any conditional use granted or approved by Borough Council shall expire one year from the date the decision of Borough Council is issued unless the construction of the structure contemplated therein is completed or an occupancy permit for the operation of the use is issued by the Borough. In the event the applicant cannot complete construction or obtain an occupancy permit within one year, such applicant may request Borough Council for an extension of time, not to exceed one year.
§ 27-1105 Cumulative Remedies.
[Added by Ord. No. 605-25-02, 4/9/2025]
The remedies available to the Borough in the enforcement of this chapter are cumulative. Nothing contained in this chapter shall be deemed or construed to preclude the Borough from taking such other legal action, at law or in equity, necessary to prevent or remedy any violation or otherwise enforce the terms of this chapter. In addition to any relief requested, the Borough shall be entitled to recover all attorney's fees, costs and expenses incurred by the Borough in those proceedings.