Norristown City Zoning Code
ARTICLE XXXI
Violations and Penalties
§ 320-370 Violations.
A.
Standards.
(1)
It shall be the duty of the Zoning Officer or other officials responsible for code enforcement as designated by the Zoning Officer to take cognizance of violations of this chapter. The official shall investigate each violation which comes to his attention, whether by observation or communication, and shall order, in writing, the correction of such conditions as are found to be in violation of this chapter.
(2)
Failure to secure a zoning permit when required, previous to the erection, construction, extension or addition of a building shall be a violation of this chapter.
§ 320-371 Enforcement notice.
A.
If it appears to the Municipality that a violation of this zoning chapter has occurred, the Municipality 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 Municipality 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 the ordinance.
(4)
The date before which the steps for compliance must be 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 prescribed period of time in accordance with procedures set forth in the ordinance.
(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.
§ 320-372 Violations and penalties; enforcement remedies.
A.
Any person, partnership or corporation or other entity who or which has violated or permitted the violation of the provisions of this zoning chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Municipality, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Municipality 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 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 or other entity 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 zoning ordinance shall be paid over to the Municipality.
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 Municipality the right to commence any action for enforcement pursuant to this section.
§ 320-373 Other remedies.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used or any hedge, tree, shrub or other growth is maintained in violation of this chapter or any regulations made pursuant hereto, in addition to other remedies provided by law, any appropriate action or proceeding by authorized legal process may be instituted or taken to prevent such unlawful erection, construction or 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.
§ 320-374 Fees.
A.
Standards.
(1)
The Municipality of Norristown may establish reasonable charges for copies of Zoning Hearing Board documents in accordance with fee schedules adopted by resolution of the Municipal Council.
(2)
The fee charged for each application for an appeal, variance or special exception to the Zoning Hearing Board shall be paid at the time of filing such appeal. The fee shall be in accordance with the current fee schedule adopted by the Municipal Council by resolution, which may be amended from time to time by the Municipal Council.