Zoning Enforcement

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Transcript of Zoning Enforcement

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    701.3 -The Zoning Officer shall serve written notice of violation upon any person,

    firm, corporation or partnership deemed responsible for violating any of the

    provisions of this Ordinance, or in violation of any detailed statement or planapproved thereunder. Such written notice shall be served personally or by

    certified mail, indicating the nature of the violation and ordering the action

    necessary to correct same. Such notice shall contain, at a minimum, thefollowing information:

    A. The party deemed responsible for the violation.

    B. The date and location of the violation.

    C. The specific section of this Ordinance that has been violated.

    D. The specific action required to correct such violation.

    E. The time period within which such violation shall be corrected.

    F. The penalties that could be assessed for such violation.

    G. The right of the party to appeal the decision of the Zoning Officer,

    and the procedures to be followed to file such appeal.

    H. The signature of the Zoning Officer.

    701.4 - Should such notice of violation not be complied with within the timeperiod set forth in said notice, the Zoning Officer shall order the discontinuance of

    such unlawful use of structure, building, sign and/or land involved in saidviolation. The Zoning Officer shall also file a report of said noncompliance withthe Governing Body, and upon authorization from the Governing Body, shall

    initiate legal action, in accordance with the provisions of Sections 701.4 and

    701.5 of this Ordinance.

    A. Causes of Action - In case any building, structure, landscaping or land

    is erected, constructed, reconstructed, altered, converted, maintained or

    used in violation of this Ordinance, the Governing Body shall havethe power to authorize the Zoning Officer or Borough Solicitor to

    initiate any appropriate action or proceeding to prevent, restrain,

    correct or abatesuch violation.

    B. When any such action is instituted by the Governing Body, writtennotice shall be served by the municipality upon the owner or tenant

    of said property or use in violation.

    C. The District Magistrate shall have initial jurisdiction for proceedings

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    brought under this Section.

    701.5 - Any person, partnership or corporation who or that has violated orpermitted the violation of the provisions of this Ordinance shall, upon being

    found liable therefor in a civil enforcement proceeding, pay a judgment of not

    more than FIVE HUNDRED (500) DOLLARS plus all court costs, includingreasonable attorney fees incurred by the Borough as a result thereof.

    A. Each day that a violation continues shall constitute a separateviolation, unless the District Magistrate determines that there was a

    good faith basis for the continuance of the violation, in which case 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 DistrictMagistrate and thereafter each day that a violation continues shall

    constitute a separate violation.

    B. All judgments, costs and reasonable attorney fees collected for theviolation of this Ordinance shall be paid over to the Borough.

    C. Nothing contained in this section shall be construed or interpreted to

    grant to any person or entity other than the Governing Body the right

    to commence any action pursuant to this Section.