North Wales City Zoning Code
ARTICLE XXII
Violations, Penalties and Remedies
§ 208-122 Enforcement.
A.
It shall be the duty of the Zoning Officer to take cognizance of violations of this chapter. He shall investigate each violation which comes to his attention whether by observation or by communication. He shall order, in writing, the correction of such conditions as are found to be in violation of this chapter.
B.
Failure to secure a zoning or use permit or Zoning Hearing Board certificate when required, prior to the erection, construction, extension or addition to a building, shall be a violation of this chapter.
§ 208-123 Notice of violations.
A.
If a violation occurs and a correction thereof has been directed by the Zoning Officer, which correction remains undone for a period of 30 days after the date of the issuance of the order, it shall be the duty of the Zoning Officer to notify the Borough Council of the violation. The Borough Council shall take such action as it deems necessary to enforce the correction of the violation. However, if in the opinion of the Zoning Officer the violation creates an imminent danger to life and property, the violator shall be ordered to discontinue such violation immediately.
B.
The giving of notice of a violation as herein provided shall not be interpreted to supersede or deny the Zoning Officer and the Borough the right and duty to prosecute a violator for a violation of each respective provision of this chapter.
C.
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.
D.
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 chapter.
(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 chapter.
(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.
§ 208-124 Violations and penalties.
A.
For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises of such violation has been permitted or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, and the owner, general agent, architect, building contractor or any other person who knowingly commits, takes part or assists in any such violation, or who maintains any building or premises in which such violation shall exist, shall, upon being found liable on conviction thereof in a civil enforcement proceeding commenced by the municipality, pay a fine not exceeding $500 for each and every offense, and whenever such person shall have been notified by the Zoning Officer or by service of warrant in a prosecution, or in any other way, that he is committing such violation of this chapter, each day that he shall continue shall constitute a separate offense punished by the like fine or imprisonment.
B.
All judgments, costs and reasonable attorney fees collected for the violation of zoning ordinances shall be paid over to the Borough.
§ 208-125 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 the other remedies provided by law, any appropriate action or proceedings, whether by legal process or otherwise, may be instituted or taken 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 such building, structure or land, or to prevent an illegal act, conduct, business or use in or about such premises.
§ 208-126 Charges.
A.
A charge which shall be determined, from time to time, by the North Wales Borough Council for each Zoning Hearing Board application and/or certificate issued under authority of this chapter shall be made, payable in advance.
B.
A charge which shall be determined, from time to time, by the North Wales Borough Council shall be made for each duplicate copy of Zoning Hearing Board certificate.