901.1

Appointment: The Zoning Officer shall be appointed by the governing body and shall administer and enforce this Ordinance.

901.2

Duties of the Zoning Officer: In order to administer and enforce this ordinance, the Zoning Officer shall:

1.

Receive all applications for zoning certificates and occupancy certificates and maintain records thereof.

2.

Issue zoning and occupancy certificates for all applications that comply with the literal terms of this Ordinance and other applicable ordinances, except where approvals are required by this Ordinance from the Governing Body, the Planning Commission, Zoning Hearing Board, or other board or agency.

3.

Receive, file and forward to the Planning Commission and the Governing Body all applications for conditional uses; maintain records thereof; and issue a zoning certificate when authorized by the Governing Body.

4.

Receive, file and forward to the Zoning Hearing Board the records in all appeals, and all applications for special exception uses, variances and changes of nonconforming uses; maintain records thereof; and issue a zoning certificate when authorized by the Zoning Hearing Board.

5.

Inspect buildings, structures and uses of land to determine compliance with the provisions of this Ordinance.

6.

Issue stop, cease and desist orders, and issue written correction orders for any condition found to be in violation of this Ordinance and other applicable ordinances.

7.

Institute, with approval of or at direction of the governing body appropriate legal action to prevent, restrain, abate, or correct any violation of this Ordinance.

8.

Revoke any order, zoning or occupancy certificate or occupancy permit issued under a mistake of fact or contrary to the provisions of this Ordinance.

9.

Make and maintain accurate and current records of all legal nonconformities under this Ordinance.

902.1

Zoning Certificates. A Zoning Certificate shall be obtained from the Zoning Officer before any person may:

1.

Occupy or use any vacant land or structure; or

2.

Change the use of a structure or land to a different use; or

3.

Construct, reconstruct, move, alter, or enlarge any structure or building; or

4.

Change a nonconforming use.

Improvements to land, preliminary to any use of such land, shall not commence prior to the issuance of the zoning certificate.

902.2

Procedure for Obtaining a Zoning Certificate.

1.

Whenever the proposed activity requires a building permit under the Municipality Building Code, the, application for the zoning certificate shall be made prior to or simultaneously with the application for the building permit. However, the building permit shall not be issued until the zoning certificate has been approved.

2.

When no building permit is required, the application for the zoning certificate and certificate of occupancy may be made at any time prior to the use or occupancy of the structure or land.

3.

Applications for a zoning certificate shall be submitted in writing on such forms provided by the Municipality along with payment of the required fees in accordance with the Schedule of Fees. The application shall be accompanied by a plot plan showing accurately and completely the location, dimensions and nature of any lot and/or structure involved in the application. The Zoning Officer may request any information necessary to determine the application's compliance with this ordinance.

4.

The Zoning Officer shall not issue the zoning certificate until all other required approvals and/or permits have been obtained from municipal, county, state and federal agencies. The applicant shall submit copies of such approvals/permits to the Zoning Officer.

902.3

Changes.

After issuance of the zoning certificate, no changes of any kind shall be made to the approved applications, plans and certificate without written approval of the Zoning Officer, or in the case of a conditional or special exception use approval, the Governing Body or the Zoning Hearing Board, as appropriate. Requests for any such change shall be in writing and shall be submitted to the Zoning Officer.

902.4

Duration of Zoning Certificate.

A zoning certificate shall expire within 6 months from the date of issuance if the subject use is not commenced or construction has not begun. All work must be completed no later than two years from the date of issuance of the zoning certificate. For purposes of this ordinance, construction shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation for basement, footings, piers, or foundations erection of temporary forms, the installation of piling under proposed subsurface footings, of the installation of sewer, gas and water lines, or electrical or other service lines from the street.

902.5

Inspections.

1.

In order to perform the functions of this Ordinance, the Zoning Officer shall have the authority to enter any building, structure, premises, property or development in the Municipality upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this Ordinance.

2.

During the construction/development period, the Zoning officer or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the zoning application and with all applicable Municipality ordinances.

902.6

Revocation of Zoning Certificate.

In the event the Zoning Officer discovers that the work does not comply with the approved application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Zoning Officer shall revoke the zoning certificate and proceed with whatever legal action is necessary to correct the violation.

902.7

Certificate of Occupancy.

1.

A certificate of occupancy shall be obtained before any person may occupy or use any structure or lot. An application for a zoning certificate does not permit occupancy; a certificate of occupancy is also required.

2.

Upon completion of the work covered by any zoning certificate or before the occupancy of any land or structure, the applicant shall notify the Zoning Officer who shall examine the such building, structure or use of land within 10 days after notification. If the Zoning Officer shall find that such construction, erection, structural alteration, or use of building and/or land is in accordance with the provisions of this ordinance, other applicable ordinances, and the approved plans, the certificate of occupancy shall be issued.

902.8

Temporary Occupancy Permits.

The Zoning Officer may issue a temporary occupancy permit which may allow the use or occupancy of a building or structure during structural alteration thereof or may permit the partial use or occupancy of a building or structure during its construction or erection; provided, however, that such a temporary permit shall be valid only for a period not exceeding three months from its issuance, and shall be subject to such restrictions and provisions as may be deemed necessary by the Zoning Officer to ensure the safety of persons using or occupying the building, structure or land involved.

902.9

Permits Issued in Error.

Any permit issued in conflict with the provisions of this Ordinance shall be null and void.

The Borough may establish from time to time, fees and charges for the various permits, reviews and other actions required by this ordinance. This schedule, along with an explanation of the collection procedure, shall be posted in the offices of the Zoning Officer. All fees and charges shall be adopted by ordinance by the Governing Body at any regular or special meeting.

904.1

Membership of the Board.

The membership of the Board shall be 3 or 5 residents of the Municipality who are appointed by the Governing Body. Their terms of office shall be three years for three members and five years for five members, so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the Municipality of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the Municipality.

904.2

Removal of Members.

Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of Council, taken after the member has received 15 days' advance notice of the intent to take such a vote. A public hearing shall be held prior to the vote if the member shall request it in writing.

904.3

Organization of the Board.

The Board shall elect its officers from its own membership, who shall serve annual terms and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be a majority of all the members of the Board. The Board may make, alter and rescind rules and forms for its procedure consistent with the ordinances of the Municipality and laws of the Commonwealth. The Board shall keep full public records of its business and submit an annual report of its activities to the Governing Body.

904.4

Expenditures for Services.

Within the limits of funds appropriated by Governing Body, the Zoning Hearing Board may employ or contract secretaries, clerks, legal counsel, consultants, and technical services. Members of the Zoning Hearing Board may receive compensation for the performance of their duties, as may be fixed by the Governing Body.

904.5

Functions of the Board.

1.

Appeals from the Zoning Officer.

a.

The Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of the valid ordinance or Map or any valid rule or regulation governing the action of the Zoning Officer.

b.

Nothing contained herein shall be construed to deny the right to proceed directly in court where appropriate.

2.

Challenges to Validity of the Ordinance or Map.

a.

The Board shall hear challenges to the validity of the Zoning Ordinance or Map, with two exceptions:

(1)

Questions of an alleged defect in the process of enactment or adoption of the Ordinance or Map shall be raised by an appeal taken directly to the court.

(2)

Challenges which are accompanied by a request for a curative amendment shall go directly to the Governing Body.

b.

In all challenges, the Zoning Hearing Board shall take evidence and shall make a record thereon. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact, which shall become part of the record on appeal to court.

3.

Variances.

a.

The Board shall hear a request for a variance where it is alleged that the strict application of the provisions of this ordinance inflicts unnecessary hardship upon the applicant. Application for a variance shall be made on the prescribed form obtained from the Zoning Officer. The Zoning Officer shall forward the application to the Board, which shall determine a time and place of the hearing.

b.

The Board may grant a variance, provided the following findings are made where relevant in a given case:

(1)

That there are unique physical circumstances or conditions including irregularity, narrowness or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not to be circumstances generally created by the provisions of the Zoning Ordinance.

(2)

That, because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance; and the authorization of a variance is therefore necessary to enable the reasonable use of the property.

(3)

That such unnecessary hardship had not been created by the appellant.

(4)

That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located nor substantially or permanently impair the appropriate use or development of adjacent property nor be detrimental to the public welfare.

(5)

That the variance, if authorized, will represent the minimum variance which will afford relief and represent the least modification possible of the regulation in issue.

c.

A request for variance in any floodplain district, shall be decided in accordance with the provisions of Section 7-708 of this Ordinance.

d.

The Board shall request the review and comments of the Planning Commission on any variance application, which shall be made part of the public record. The Board may attach to any variance such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this zoning Ordinance.

4.

Special Exceptions.

a.

Where this Ordinance states that special exceptions may be granted or denied by the Board, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria as specified in this Ordinance. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Ordinance, as it may deem necessary to implement the purpose of this Ordinance.

5.

Unified Appeals.

a.

Where the Board has jurisdiction over a zoning matter pursuant to Subsections (1) through (3) above, the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any municipal ordinance or requirement pertaining to the same development plan or development. In any such case, the Board shall have no power to pass upon the nonzoning issues, but it shall take evidence and make a record thereon as provided in section 904.5 of this Ordinance. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.

6.

Changes of Nonconforming Uses.

a.

The Zoning Hearing Board shall hear requests for a change of one nonconforming use to another nonconforming use in accordance with the provisions of Article 8 of this Ordinance.

904.6

Applications to the Board.

All applications and appeals to the Board shall be in writing and shall refer to the specific provision of this ordinance which is involved and describe the nature of the appeal, challenge or application for special exception use or variance. The required fees shall be submitted with the application.

An appeal from a decision of the Zoning Officer or a validity challenge may be filed by the affected landowner, by any officer or agency of the municipality or any person aggrieved. Requests for a variance or special exception may only be filed by the landowner or a tenant with the permission of the landowner.

904.7

Time Limitations.

No person shall be allowed to file any proceeding with the Board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate municipal officer or body, if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.

The failure of anyone, other than the landowner, to appeal from an adverse decision on a tentative approval of a site development application or from an adverse decision by a Zoning Officer on a challenge to the validity of an Ordinance or Map, shall preclude an appeal from a final approval, except in the case where the final submission substantially deviates from the approved tentative or preliminary approval.

904.8

Hearings. The following procedures shall apply:

1.

Public notices shall be given and written notice shall be given to the applicant, the Zoning Officer and to any person who has made timely request for the same. Written notice shall be given at such time and in such manner as shall be prescribed by rules of the Board. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one (1) week prior to the hearing.

2.

A public hearing shall be held within 60 days from the date of the applicant request, unless the applicant agrees in writing to an extension of the time.

3.

Hearings shall be conducted by the Board, or the Board may appoint one member as a hearing officer. The decision, or where no decision is called for, the findings shall be made by the Board, but the parties may waive the decision or finding by the Board and accept the decision or findings of the hearing officer as final.

4.

Parties to the hearing shall be the municipality, any person who is affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Board shall have the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.

5.

The Chairman or acting chairman of the Board or the hearing officer presiding shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and documents requested by the parties.

6.

The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

7.

Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

8.

The Board or the Hearing Officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or Hearing Officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.

9.

The Board or the hearing officer shall: (1) not communicate, directly or indirectly, with any party or his/her representatives in connection with any issue involved except upon notice and opportunity for all parties to participate; (2) not take any notice of any communication, reports, staff memoranda or other materials unless the parties are afforded an opportunity to contest the material so noticed; and (3) not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

10.

The Board or Hearing Officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within forty-five (45) days after the last hearing before the Board or Hearing Officer. When the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provision of this Ordinance or of any law ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion in deemed appropriate in the light of the facts found. If the hearing is conducted by a Hearing Officer, and there had been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within forty-five (45) days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than thirty (30) days after the report of the Hearing Officer. Where the Board fails to render the decision within the period required by this Subsection, or fails to hold the required hearing within sixty (60) days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as herein above provided, the Board shall give public notice of the said decision within ten (10) days from the last day it could have met to render a decision in the same manner as provided in Subsection (1) of this Section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this Subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

11.

A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

904.9

Stay of Procedures.

1.

Upon filing of any appeal proceeding before the Zoning Hearing Board and during its pendency before the boards, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action there under, shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals, on petition, after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board.

2.

After the petition is presented, the court shall hold a hearing to determine if the filing of an appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the court.

3.

The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory.

4.

If an appeal is taken by a respondent to the petition for a bond from an order of the court dismissing a zoning appeal for refusal to post a bond and the appellate court sustains the order of the court below to post a bond, the respondent to the petition for a bond, upon motion of the petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be liable for all reasonable costs, expenses and attorney fees incurred by the petitioner.

905.1

Any person aggrieved by any action or decision of the Zoning Officer involving administration of the provisions of this Ordinance may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision or action of the Zoning Officer.

905.2

Upon receipt of such appeal the Board shall conduct a hearing on the appeal in accordance with the provisions of section 904.8.

905.3

Zoning appeals to court shall be taken to the Court of Common Pleas of Greene County in accordance with the procedures prescribed in Article X-A of the Pennsylvania Municipalities Planning Code [53 P.S. § 11001-A et seq.].

906.1

The Governing Body may amend this ordinance as proposed by a member of the Governing Body, by the Greene County Planning Commission, or by a petition of a landowner who desires to challenge the validity of the ordinance or map or any provision thereof may submit a curative amendment to Borough Council, as provided by the Municipalities Planning Code [53 P.S. § 10101 et seq.].

906.2

An amendment proposed by the Waynesburg Borough Council shall be prepared by the Waynesburg Borough Solicitor, Zoning Officer or Greene County Planning Commission. If a proposed amendment is not prepared by the Greene County Planning Commission, said proposed amendment shall be referred to the Greene County Planning Commission for review and comments at least 30 days prior to the public hearing.

906.3

The proposed amendment shall be referred to the Greene County Economic Development for review and comment at least 45 days prior to the public hearing.

906.4

If the proposed amendment would effect a change in the Official Zoning District Map, the following is required:

1.

Notice of said public hearing shall be conspicuously posted by the Code Official at points deemed sufficient by the Borough along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.

2.

Notice of the public hearing must be mailed by the Borough at least 30 days prior to the date of the hearing by first class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidences by tax records within the possession of the municipality. The notice shall include the location, date and time of the public hearing. This shall not apply when the rezoning constitutes a comprehensive rezoning.

906.5

After advertising (and posting of the property, if any) has occurred, Borough Council shall hold a public hearing thereon pursuant to public notice, and pursuant to mailed notice and electronic notice to an owner of a tract or parcel of land or an owner of the mineral rights in a tract or parcel of land who has made a timely request in accordance with Section 109 of the MPC.

907.1

The municipality, by formal action, may declare its Zoning Ordinance or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity.

1.

Within 30 days following such declaration and proposal, the Governing Body shall:

a.

By resolution make specific findings setting forth the declared invalidity of the Zoning Ordinance which may include: (1) references to specific uses which are either not permitted or not permitted in sufficient quantity, (2) reference to a class of use or uses which require revision, or (3) reference to the entire ordinance which requires revisions.

b.

Begin to prepare and consider a curative amendment to the Zoning Ordinance to correct the declared Invalidity.

2.

Within 180 days from the date of the declaration and proposal, the municipality shall either enact a curative amendment or vote to reaffirm the validity of its Zoning ordinance. The procedures for adopting a curative amendment shall be as prescribed by Section 906.1 of this Ordinance.

3.

Upon the initiation of the procedures set forth in Subsection 1 above, the Governing Body shall not be required to entertain or consider any landowner's curative amendment. Similarly, the Zoning Hearing Board is not required to give a report on any challenge to the validity of the Ordinance if the said challenge is based upon grounds identical to or substantially similar to those specified in the Governing Body's resolution.

4.

Upon completion of the procedures as set forth in Subsections 1 and 2, no rights to a cure pursuant to the provisions of Section 906.2 of this ordinance shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Ordinance for which there has been a curative amendment pursuant to this Section.

5.

The municipality may not again utilize the above procedure for a municipal curative amendment for a 36-month period following the date of the enactment of a curative amendment, or the reaffirmation of the validity of its Zoning Ordinance. However, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the municipality by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the municipality may utilize the provisions of this Section to prepare a curative amendment to this Ordinance to fulfill said duty or obligation.

State Law reference— Municipal curative amendments, 53 P.S. § 10609.2 et seq.

908.1

If it appears to the Zoning Officer that a violation of this Ordinance has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided in this Section.

908.2

The 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.

908.3

An enforcement notice shall state at least the following:

1.

The name of the owner of record and any other person against whom the Zoning Officer 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 this Ordinance.

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 period of ten (10) days.

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.

909.1

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 Ordinance, 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 appropriated 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.

909.2

When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Borough at least thirty (30) days prior to the time the action is begun by serving a copy of the complaint on Borough Council. No such action may be maintained until such notice has been given.

910.1

Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Ordinance shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Borough, pay judgment of not more than five hundred ($500.00), plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. 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 neighbor 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 Ordinance to have believed that there was no such violation, in which event there shall be deemed to have only one (1) such violation until the fifth (5) 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. These remedies shall be in addition to any other remedies provided by law. Any domicile initiated or any structure constructed, reconstructed, enlarged, altered, or relocated in noncompliance with Article 7, Floodplain Management Ordinance, may be declared by the Governing Body to be a public nuisance and abatable as such.

910.2

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.

910.3

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.

910.4

District Justices shall have initial jurisdiction over proceedings brought under this Section.