Sharpsburg City Zoning Code
ARTICLE XI
Administration and Enforcement
§ 27-1101 Administration.
1.
Borough Council. Under this chapter, the Borough Council has the duty to:
A.
Consider and adopt or reject proposed amendments or the repeal of this chapter as provided by law. Borough Council cannot hear and decide questions of enforcement that may arise.
B.
Appoint and remove members of the Borough Planning Commission, Zoning Hearing Board and the Zoning Officer. Removal requires just cause and a formal hearing.
C.
Receive and consider Borough Planning Commission's ordinance-related recommendations.
D.
Ask for recommendations of the Borough Planning Commission on the adoption or amendment of this chapter and for these matters specified in Section 303(a) of the PA MPC, as amended.
E.
Advertise and host a public hearing before adopting a zoning ordinance or any of its amendments.
F.
Establish fees for the issuance of land development, building, occupancy and sign permits in accordance with PA MPC Section 717.3(e).
G.
May prescribe fees for processes outlined in PA MPC Section 717.3(e).
H.
Has exclusive jurisdiction to hear and render final adjudications for:
(1)
All applications pursuant to Section 508 of the PA MPC, 53 P.S. § 10508, for approval of subdivisions or land developments under Part V of the PA MPC, 53 P.S. § 10501 et seq.
(2)
Applications for conditional use under the express provisions of this chapter.
(3)
Applications for curative amendment to this chapter or pursuant to Sections 609.1 and 916.1(a) of the PA MPC, 53 P.S. §§ 10609.1, 10916.1(a).
(4)
All petitions for amendments to land use ordinances, pursuant to the procedures set forth in Section 609 of the PA MPC, 53 P.S. § 10609.
(5)
Appeals from the determination of the Zoning Officer or the Borough Engineer in the administration of any land use ordinance or provisions with reference to sedimentation and erosion control and stormwater management as enabled by the PA MPC.
2.
Borough Planning Commission. Powers and duties of the Borough Planning Commission are those outlined in Section 209.1 of the Pennsylvania Municipalities Planning Code, as amended.
3.
Zoning Hearing Board. Powers and duties of the Zoning Hearing Board are those outlined in Article IX of the Pennsylvania Municipalities Planning Code, as amended.
4.
Zoning Officer.
A.
Duties generally involve:
(1)
The day-to-day administrative procedures of this chapter.
(2)
Receiving, reviewing and issuing of building and zoning permits and certificates of occupancy, maintaining records of applications and permits, performing inspections to determine compliance with this chapter.
(3)
Notifying persons violating this chapter.
(4)
Keeping this chapter and Map up-to-date.
(5)
Accepting applications for and presenting facts at hearings before the Zoning Hearing Board.
B.
Borough Council may amend the duties of the Zoning Officer as deemed necessary for the health, safety and welfare of the residents.
C.
The Zoning Officer:
(1)
Must administer this chapter by its literal terms.
(2)
Does not have any discretionary power and can neither waive nor tighten any requirement of the chapter.
(3)
Is required to meet qualifications established by Sharpsburg Borough and the Pennsylvania MPC and must be able to demonstrate a working knowledge of the municipal zoning.
(4)
May also serve as the Building Inspector.
5.
Building Inspector.
A.
The Building Inspector enforces this chapter by issuing building permits and occupancy permits for only such structures and uses that comply with the provisions of this chapter. The Building Inspector conducts all inspections necessary to determine compliance with the chapter and maintains records thereof.
B.
The Building Inspector is responsible for:
(1)
Maintaining all of the records of this chapter, including, but not limited to, all maps, amendments and variances, nonconforming uses, appeals and applications.
(2)
Collecting fees that accompany applications for building and occupancy permits and variances.
(3)
Receiving, filing and forwarding to the Borough Council and the Borough Planning Commission for action all applications for amendments to this chapter.
(4)
Receiving, filing and forwarding to the Zoning Hearing Board all applications for variances and appeals.
C.
The Building Inspector may also serve as the Zoning Officer.
§ 27-1102 Enforcement remedies.
1.
Enforcement notice.
A.
If it appears to Sharpsburg Borough that a violation of this chapter has occurred, Sharpsburg Borough will initiate enforcement proceedings by sending an enforcement notice as provided in this chapter.
B.
The enforcement notice must be sent to the owner of the lot on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that lot, 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 landowner and any other person against whom Sharpsburg Borough intends to take action.
(2)
The location of the lot 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 the time frame as defined by the enforcement notice.
(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.
2.
Remedies.
A.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter must, upon being found liable in a civil enforcement proceeding commenced by Sharpsburg Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by Sharpsburg Borough as a result thereof. No judgment may commence or be imposed, levied or be 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, Sharpsburg Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues constitutes 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 can be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Magistrate Judge, and thereafter each day that a violation continues will constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter must be paid over to Sharpsburg Borough. The appropriate officers or their agents of the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance with this chapter.
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 can be construed or interpreted to grant to any person or entity other than Sharpsburg Borough the right to commence any action for enforcement pursuant to this section.