1.   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 shall order in writing the correction of such conditions as are found to be in violation of this Chapter.

   2.   Failure to secure a zoning permit, occupancy or use permit or Zoning Hearing Board approval when required, previous to the erection, construction, extension, or addition to a building shall be a violation of this Chapter.

(Ord. 379, 7/6/2009, § 1901)

   An 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. The notice of enforcement shall include:

      A.   The name of the owner of record and any other persons against whom the Borough intends to take action.

      B.   The location of the property in violation.

      C.   The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this Chapter.

      D.   The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

      E.   A statement describing the recipient’s right to appeal to the Zoning Hearing Board within 10 days of receipt of the notice.

      F.   A statement 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.

(Ord. 379, 7/6/2009, § 1902)

   1.   Causes of Action. In case any building, structure, landscaping or land is, or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this Chapter, the Borough Council or, with the approval of the Borough Council, an officer of the Borough, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Borough at least 30 days prior to the time the action is begun by serving a copy of the complaint to Borough Council. No such action may be maintained until such notice has been given. If a violation is not corrected within the period specified by the enforcement notice, it shall be the duty of the Zoning Officer to notify Borough Council, who shall take necessary action to correct the violation, which action may include initiation of a civil enforcement proceeding.

   2.   Where, in the opinion of the Zoning Officer, a violation presents peril to life or property, the Zoning Officer may recommend to Borough Council immediate initiation of a civil enforcement proceeding.

(Ord. 379, 7/6/2009, § 1903)

   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 therefore 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.

      A.   No judgment shall commence or be imposed, levied or payable until the date of 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.

      B.   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 5th 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.

      C.   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.

      D.   All judgments, costs and reasonable attorney fees collected for the violation of this Chapter shall be paid over to the Borough.

(Ord. 379, 7/6/2009, § 1904)

   The fees for permits, applications for special exceptions, applications for variances, Zoning Hearing Board certificates, and other charges associated with the Zoning Ordinance shall be fixed in accordance with a fee schedule adopted by a resolution of the Borough Council upon the enactment of this Chapter and such schedule may be amended from time to time by resolution of the Borough Council.

(Ord. 379, 7/6/2009, § 1905)

   It is not intended by this Chapter to repeal, abrogate, annul or interfere with any existing ordinances or enactment, or with any rule, regulation or permit adopted or issued there under, except insofar as the same may be inconsistent or in conflict with any of the provisions of this Chapter provided that where this Chapter imposes greater restrictions upon the use of buildings or land, or upon the height and bulk of buildings, or prescribes larger open spaces than are required by the provisions of such ordinance, enactment, rule, regulation or permit, then the provisions of this Chapter shall control.

(Ord. 379, 7/6/2009, § 1906)