Township of Daugherty, PA Article XII Enforcement Remedies

§ 148-49 Violations and penalties.

Any person, partnership or corporation who or which being the owner or agent of the owner of any lot, tract or parcel of land shall lay out, construct, open or dedicate any street, sanitary sewer, storm sewer, water main or other improvements for public use, travel or other purposes or for the common use of occupants of buildings abutting hereon, or who sells, transfers or agrees or enters into an agreement to sell any land in a subdivision or land development, whether by reference to or by other use of a plat of such subdivision or land development, or erects any building thereon unless and until a final plat has been prepared in full compliance with the provisions of this chapter and the Pennsylvania Municipalities Planning Code (Act 247),

Editor's Note: See 53 P.S. § 10101 et seq.

and all amendments thereto, and with the regulations adopted hereunder and thereof, such person or the members of such partnership or the officers of such corporation or the agent of any of them responsible for such violation shall, upon being found liable therefor in a civil enforcement proceeding commenced by Daugherty Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by the Township as a result thereof. Each day that a violation continues shall constitute a separate violation.

A. No judgment shall commence or be imposed or payable until the Magisterial District Judge having jurisdiction determines the date of violation.

B. If the defendant neither pays nor timely appeals the judgment, the Township shall enforce the judgment pursuant to the Rules of Civil Procedure.

C. Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than Daugherty Township the right to commence any action for enforcement.

D. Any fines or judgments collected shall be deposited in the Daugherty Township general fund.

§ 148-50 Preventative remedies.

In addition to other remedies, Daugherty Township may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent illegal occupancy of a building, structure or premises. A description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.

A. Daugherty Township may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of any ordinance adopted pursuant to this article. This authority to deny such a permit or approval shall apply to any of the following applicants:

(1) The owner of record at the time of such violation.

(2) The vendee or lessee of the owner of record at the time of such violation, without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.

(3) The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation.

(4) The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.

B. As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, Daugherty Township may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.

§ 148-51 Township Zoning Ordinance.

Nothing herein contained shall be interpreted to permit any waiver or modification of the restrictions or requirements of the Daugherty Township Zoning Ordinance, as amended.

Editor's Note: See Ch. 175, Zoning.