(A) Any building or structure that is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land that is proposed to be used in violation of this chapter or any amendment or supplement thereto, the Safety Service Director, the Law Director or, the Zoning Administrator or any adjacent or neighboring property owner who would be specifically damaged by such violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation to prevent the occupancy of the said building, structure or land or to prevent any illegal act, conduct, business or use in or about, such premises.
(B) No person shall fail or refuse to comply with an order issued by the Zoning Administrator. A separate offense shall be deemed committed each day upon which a violation occurs or continues.
(C) Furthermore, no person shall construct, modify, alter, use or occupy any structure or property in violation of the Reading zoning code. A separate offense shall be deemed committed each day upon which a violation occurs or continues.
(Ord. 2003-51, passed 5-20-03)
§ 1299.02 NOTICE OF VIOLATION.
The notice of any violation of the zoning code shall be as follows:
(A) Whenever the Zoning Administrator determines that there is a violation of any provision of this zoning code, a notice of such violation shall be issued. Such notice shall:
(1) Be in writing;
(2) Identify the violation;
(3) Include a statement of the reason or reasons why it is being issued and refer to the section of this zoning code being violated; and
(4) State the time by which the violation shall be corrected.
(B) Service of notice of the violation shall be as follows:
(1) By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person of 16 years or older; or
(2) By Certified Mail, and first class mail simultaneously, addressed to the person or persons responsible at a last known address. Service shall be deemed complete when the fact of the mailing is entered of record, provided that the First Class mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery; or
(3) By posting a copy of the notice form in a conspicuous place on the premises found in violation.
(Ord. 2003-51, passed 5-20-03)
§ 1299.03 REMEDIES.
The following remedies shall apply to violations of the zoning code:
(A) Prohibitions.
(1) No person shall fail or refuse to comply with an order issued by the Zoning Administrator. A separate offense shall be deemed committed each day upon which a violation occurs or continues.
(2) No person shall construct, modify, alter, use or occupy any structure or property in violation of the Reading zoning code. A separate offense shall be deemed committed each day upon which a violation occurs or continues.
(B) Penalties.
(1) Whosoever violates this section is guilty of a minor misdemeanor for each offense.
(2) If within one year of the date of the offense the offender has been convicted of or pleads guilty to another violation of § 1299.02, the offender is guilty of a misdemeanor of the third degree.
(C) Civil remedies. The city, the Safety Service Director on behalf of the city or any officer designated by the Mayor on behalf of the city may, in addition to the criminal remedies provided in this zoning code, file suit for injunction against any violation of this zoning code, or if the violation has caused damages to the city for a judgement for damages and any person, property owner or occupant of property who can show that the person, property owner or occupant of property has suffered harm or whose property has suffered harm as a result of violations of this zoning code may file suit for injunction or damages to the fullest extent provided by the law.
(Ord. 2003-51, passed 5-20-03)
§ 1299.04 FEES.
(A) The fees for all applicant costs incurred in this chapter shall be established by City Council. Furthermore, no plan shall be accepted for filing and processing, as provided in this chapter, unless and until a filing fee is paid to the city.
(B) In addition to the filing fees, the applicant shall be responsible for the expenses incurred by the city in reviewing the plan or any modifications to the plan. Such expenses may include items such as the cost of professional services including expenses and legal fees in connection with reviewing the plan, prepared reports, the publication and mailing of public notice in connection therewith, and any other reasonable expenses directly attributable thereon. At the time of submitting a site plan to the Planning Commission for consideration, the applicant shall make a deposit in the office of the City Clerk in the amount equal to the estimated cost of the city's expenses.
(Ord. 2003-51, passed 5-20-03)
Reading City Zoning Code
CHAPTER 1299
PENALTIES, FEES AND REMEDIES
§ 1299.01 VIOLATION.
(A) Any building or structure that is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land that is proposed to be used in violation of this chapter or any amendment or supplement thereto, the Safety Service Director, the Law Director or, the Zoning Administrator or any adjacent or neighboring property owner who would be specifically damaged by such violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation to prevent the occupancy of the said building, structure or land or to prevent any illegal act, conduct, business or use in or about, such premises.
(B) No person shall fail or refuse to comply with an order issued by the Zoning Administrator. A separate offense shall be deemed committed each day upon which a violation occurs or continues.
(C) Furthermore, no person shall construct, modify, alter, use or occupy any structure or property in violation of the Reading zoning code. A separate offense shall be deemed committed each day upon which a violation occurs or continues.
(Ord. 2003-51, passed 5-20-03)
§ 1299.02 NOTICE OF VIOLATION.
The notice of any violation of the zoning code shall be as follows:
(A) Whenever the Zoning Administrator determines that there is a violation of any provision of this zoning code, a notice of such violation shall be issued. Such notice shall:
(1) Be in writing;
(2) Identify the violation;
(3) Include a statement of the reason or reasons why it is being issued and refer to the section of this zoning code being violated; and
(4) State the time by which the violation shall be corrected.
(B) Service of notice of the violation shall be as follows:
(1) By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person of 16 years or older; or
(2) By Certified Mail, and first class mail simultaneously, addressed to the person or persons responsible at a last known address. Service shall be deemed complete when the fact of the mailing is entered of record, provided that the First Class mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery; or
(3) By posting a copy of the notice form in a conspicuous place on the premises found in violation.
(Ord. 2003-51, passed 5-20-03)
§ 1299.03 REMEDIES.
The following remedies shall apply to violations of the zoning code:
(A) Prohibitions.
(1) No person shall fail or refuse to comply with an order issued by the Zoning Administrator. A separate offense shall be deemed committed each day upon which a violation occurs or continues.
(2) No person shall construct, modify, alter, use or occupy any structure or property in violation of the Reading zoning code. A separate offense shall be deemed committed each day upon which a violation occurs or continues.
(B) Penalties.
(1) Whosoever violates this section is guilty of a minor misdemeanor for each offense.
(2) If within one year of the date of the offense the offender has been convicted of or pleads guilty to another violation of § 1299.02, the offender is guilty of a misdemeanor of the third degree.
(C) Civil remedies. The city, the Safety Service Director on behalf of the city or any officer designated by the Mayor on behalf of the city may, in addition to the criminal remedies provided in this zoning code, file suit for injunction against any violation of this zoning code, or if the violation has caused damages to the city for a judgement for damages and any person, property owner or occupant of property who can show that the person, property owner or occupant of property has suffered harm or whose property has suffered harm as a result of violations of this zoning code may file suit for injunction or damages to the fullest extent provided by the law.
(Ord. 2003-51, passed 5-20-03)
§ 1299.04 FEES.
(A) The fees for all applicant costs incurred in this chapter shall be established by City Council. Furthermore, no plan shall be accepted for filing and processing, as provided in this chapter, unless and until a filing fee is paid to the city.
(B) In addition to the filing fees, the applicant shall be responsible for the expenses incurred by the city in reviewing the plan or any modifications to the plan. Such expenses may include items such as the cost of professional services including expenses and legal fees in connection with reviewing the plan, prepared reports, the publication and mailing of public notice in connection therewith, and any other reasonable expenses directly attributable thereon. At the time of submitting a site plan to the Planning Commission for consideration, the applicant shall make a deposit in the office of the City Clerk in the amount equal to the estimated cost of the city's expenses.