Tullytown City Zoning Code
ARTICLE XIII
Amendments; Remedies and Penalties
§ 185-103 Power of amendment.
Borough Council may from time to time amend this chapter, including the Zoning Map.
§ 185-104 Public hearings prior to amendment.
Before voting on the enactment of any amendment to this chapter, the Council shall hold a public hearing thereon, pursuant to public notice. If the proposed amendment involves a Zoning Map change, notice of the public hearing shall be conspicuously posted by the Borough at points along the perimeter of the tract at least one week prior to the date of the hearing. In addition to the public notice of the public hearing required by this section, notice of the proposed enactment of the amendment shall be given by the Borough by publishing the proposed amendment in accordance with the Pennsylvania Municipalities Planning Code, Act 247, as amended, Section 610.[1] This notice shall include the time and place of the meeting at which passage will be considered as well as a reference to a place within the Borough where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof.
[1]
Editor's Note: See 53 P.S. § 10610 et seq.
§ 185-105 Procedure upon curative amendments.
A landowner who desires to challenge on substantive grounds the validity of this chapter or any part hereof that prohibits the use or development of land in which he has an interest may submit a curative amendment to Borough Council with a written request for hearing. Borough Council shall commence a hearing thereon within 60 days of the submission of a properly completed request following procedures outlined in Article VI, Section 609.1 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10609.1 et seq.
§ 185-106 Submission to Planning Commissions.
In the case of an amendment other than one prepared by the Planning Commission, Borough Council shall submit each such amendment to the Borough Planning Commission and the Bucks County Planning Commission at least 30 days prior to the hearing in order to provide the Planning Commission an opportunity to submit recommendations. Within 30 days after enactment, a copy of the amendment shall be forwarded to the Bucks County Planning Commission.
§ 185-107 Violations and penalties; enforcement remedies.
A.
Any person, partnership or corporation who or which has violated any of the provisions of this chapter, upon being found liable therefore in a civil enforcement proceeding commenced by the Borough shall pay a judgment of not more than $500 plus all court costs plus reasonable attorney fees incurred by the Borough. No judgment shall commence or be imposed, levied, or payable until the date of the determination of a violation by the district justice. 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 District Justice 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 District Justice and thereafter each day that a violation continues shall constitute a separate violation.
B.
The Court of Common Pleas, upon petition of the defendant, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
C.
Nothing contained herein 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.
§ 185-108 Complaints of violations.
Whenever a violation of this chapter occurs, any resident, tenant or property owner within Tullytown Borough may file a written complaint with the Zoning Officer. The Zoning Officer shall promptly investigate all complaints and report thereon to Borough Council.