New Britain City Zoning Code
ARTICLE XI
Enforcement
§ 450-73 Jurisdiction.
Unless otherwise provided by law or in this chapter, no building or structure shall be constructed, erected, or extended, and no building, structure, or land shall be used or occupied, except for the purposes permitted herein.
§ 450-74 Enforcement notices.
A.
If it appears that a violation of this chapter has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided herein. 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.
B.
The enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom the Borough 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)
That the owner of record or other person against whom the Borough intends to take action has 15 days from the date of notice to commence steps to comply with this chapter and 30 days from the date of notice within which to complete such steps to be in compliance with this chapter, unless such times are extended in writing by the Zoning Officer, for cause shown.
(5)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 30 days of the date of the enforcement notice or not later that the expiration of any extension granted, in writing, by the Zoning Officer.
(6)
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation.
§ 450-75 Causes of action.
In case any building, structure, landscaping, or land is or is proposed to be erected, constructed, reconstructed, altered, repaired, converted, or maintained, or used in violation of this chapter, Borough Council, or the Zoning Officer, with the approval of Borough Council, 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 proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct, or abate such violation; to prevent the occupancy of said building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about such premises. When such action is instituted by a landowner or tenant, notice of that action shall be served upon the Borough at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Borough Council. No such action may be maintained until such notice has been given.
§ 450-76 Enforcement; violations and penalties.
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 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 be 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 municipality 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. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Borough.
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 Borough the right to commence any action for enforcement pursuant to this section.