Schwenksville City Zoning Code
ARTICLE XXIII
Enforcement
§ 176-2300 Violations.
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 communication. He or she 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 permit or Zoning Hearing Board certificate when required, previous to the erection, construction, extension, or addition to a building shall be a violation of this chapter. Failure to secure any permit required by this chapter shall also be a violation of this chapter. Failure to comply with any other or decision of the Zoning Hearing Board shall also be a violation of this chapter.
§ 176-2301 Enforcement notice.
A.
If it appears to the Borough a violation of the Zoning 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 issued to the owner of record of the parcel on which the violation has occurred, either in person or certified mail, and to any other person requested in writing by the owner of record.
C.
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 the Chapter, and the steps which must be taken to correct the violation.
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 this Chapter, and 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 as described herein.
§ 176-2302 Civil penalties.
A.
Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of the Zoning Chapter, shall upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $1,000 plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof.
B.
No judgment shall commence or be imposed, levied, or payable until the date of the determination of a violation by the Magisterial District Judge.
C.
If the defendant neither pays, nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure.
D.
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 the Ordinance 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.
E.
All judgments, costs, and reasonable attorney fees collected for the violation of the Zoning Ordinance shall be paid over to the Borough.
F.
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem penalty pending a final adjudication of the violation and judgment.
G.
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.
§ 176-2303 Fee schedule.
The Borough Council shall establish a fee schedule in which shall be listed the various fees for applications, permits, and hearing in accordance with this chapter. Said fee schedule shall comply with the PA Municipalities Planning Code and other applicable state regulations or judgements, and may be amended from time to time as deemed necessary by resolution of the Borough Council.
§ 176-2304 Remedies cumulative.
The rights and remedies available to the Borough under this Chapter are cumulative and in addition to, and not exclusive of or in substitution for, any rights or remedies otherwise available to the Borough under any other chapter, law or statute.