Oakdale City Zoning Code
ARTICLE IV
Administration and Enforcement
§ 375-21 Zoning Officer.
The Zoning Officer, who shall be appointed by the Borough Council, shall:
A.
Administer this chapter in accordance with its literal terms.
B.
Examine applications and issue zoning certificates and building permits. However, building permits and occupancy certificates for construction and uses which are a special exception or a variance to requirements of this chapter shall be issued only when authorized by the Zoning Hearing Board.
C.
Maintain a permanent file of all zoning certificates and applications as public record.
D.
Institute civil enforcement proceedings as a means of enforcement when acting within the scope of employment.
E.
Not hold an elected office in the Borough.
F.
Demonstrate to the satisfaction of the Borough a working knowledge of municipal zoning.
§ 375-22 Zoning certificates.
A.
A zoning certificate shall be obtained before any person may:
(1)
Occupy or use any vacant land.
(2)
Occupy or use any existing structure hereafter transferred by purchase or operation of law.
(3)
Occupy or use any structure hereafter constructed, reconstructed, moved, altered or enlarged.
(4)
Change the use of a structure or land to a different use.
(5)
Change a nonconforming use.
B.
Application for a zoning certificate shall be accompanied by a plot plan showing clearly and completely the location, dimensions and nature of any structure involved and such other information as the Zoning Officer may require for administration of this chapter, together with a filing fee as established from time to time by resolution of the Borough Council.
§ 375-23 Enforcement notice.
A.
If it appears to the Borough that a violation of this chapter has occurred, the Borough 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 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)
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 period of 10 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.
§ 375-24 Violations and penalties; enforcement remedies.
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 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 Borough 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 Borough 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.
§ 375-25 Method of appeal.
Appeals to the Zoning Hearing Board may be taken by any person aggrieved or by an officer of the Borough affected by any decision of the Zoning Officer. Such appeal shall be taken within such period as is provided for by the rules of the Board, by filing with the Zoning Officer and with the Board a notice of appeal specifying the grounds thereof. The Zoning Officer shall then forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.