A.
Failure to secure approval of the Township Planning
Commission and Township's Board of Supervisors prior to the beginning
of construction of any facility connected with or a part of a mobile
home park shall be deemed a violation of this chapter.
B.
Failure to secure a permit to operate a mobile home
park shall be deemed a violation of this chapter.
C.
Failure to secure approval of the Township Planning
Commission and Township's Board of Supervisors prior to the alteration,
addition to, extension of, or change in any facility connected with
or a part of an existing or approved mobile home park, shall be deemed
a violation of this chapter.
D.
The failure to observe and conform to any provisions
of this chapter shall be deemed a violation of this chapter.
E.
The failure to immediately comply with any stop, cease
and desist order issued by the Township shall be deemed a violation
of this chapter.
A.
Whenever the Township determines that there has been
a violation of any provision of this chapter, or of any regulation
adopted pursuant thereto, such authority shall give notice of such
alleged violation to the person or developer to whom the permit or
certificate was issued, as hereinafter provided.
B.
Such notice shall:
(1)
Be put in writing.
(2)
Include a statement of the reasons for its issuance,
and the section violation is based on.
(3)
Allow not more than 10 days' time to comply with or
complete the performance of any act it requires, or the person or
developer to whom notice was issued has submitted proof satisfactory
to and approved by the Township, that he is in the process of complying
with the notice of violation.
(4)
Be served upon the owner or his agent or the occupant,
as the case may require, provided that such notice or order shall
be deemed to have been properly served upon such owner or agent, or
upon such occupant, when a copy thereof has been sent by registered
mail to his last known address, or posted in a conspicuous place about
the mobile home park affected by the notice, or when he has been served
with such notice by any other method authorized or required by the
laws of this commonwealth.
(5)
Contain an outline of corrective action which shall
be complied with according to the provisions of this chapter, which
outline shall not relieve the developer or occupant from doing additional
action in order to satisfy any provisions of this chapter or any other
rules and regulations required to fully correct any violation.
A.
Any person affected by any notice of a violation which
has been issued in connection with any enforcement of any provision
of this chapter, or of any regulation adopted pursuant thereto, may
request and shall be granted a hearing on the matter before the Board
of Supervisors of Darlington Township, provided that such person shall
file in the office of the Township Secretary a written petition requesting
such hearing and setting forth a brief statement of the grounds therefor
within 10 days after the day the notice was served.
B.
The filing of the request for a hearing shall operate as a stay of the notice except in the case of an order issued under § 103-51.
C.
Upon receipt of such petition, the Board of Supervisors
shall set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing, the petitioner shall be given
an opportunity to be heard, and to show why such notice should be
modified or withdrawn. The hearing shall be commenced not later than
10 days after the day on which the petition was filed, provided that,
upon application by the petitioner, the Board of Township Supervisors
may postpone the date of the hearing for a reasonable time beyond
such 10 days on their judgment that the petitioner has submitted a
good and sufficient reason for postponement.
D.
After such hearing, Board of Township Supervisors
shall sustain, modify, or withdraw the notice of violation, depending
upon their findings as to compliance or noncompliance with the provisions
of this chapter, and of regulations adopted pursuant thereto. If the
Board of Township Supervisors should sustain or modify such notice,
it shall be deemed to be an order.
E.
Any notice served pursuant to § 103-49 of this chapter shall automatically become an order if a written petition for a hearing shall have not been filed in the office of the Township Secretary within 10 days after such notice was served.
F.
After a hearing in the case of any notice suspending
any permit required by this chapter, or any regulation adopted pursuant
thereto, when such notice shall have been sustained by the Board of
Supervisors of Darlington Township, the permit shall be deemed to
have been revoked. Any such permit which shall have been suspended
by a notice shall be deemed to be automatically revoked if a petition
for a hearing shall not have been filed in the office of the Township
Secretary within 10 days after such notice was served.
G.
The proceedings at such hearing, including the findings
and decision of the Board of Supervisors of Darlington Township, shall
be recorded in writing and entered as a matter of public record in
the office of the Township Secretary. Such record shall also include
a copy of every notice or order issued in connection with the matter.
Any person aggrieved by the decision of the Township's Board of Supervisors
may seek relief therefrom in any court of competent jurisdiction as
provided by the laws of this commonwealth.
Whenever the Township finds that an emergency
exists which requires immediate action to protect the safety of persons
or property or public health, they may, without notice or hearing,
issue an order reciting the existence of such an emergency and requiring
that such action be taken as they may deem necessary to meet the emergency,
including the suspension of the permit or license. Notwithstanding
any other provisions of this chapter, such order shall be effective
immediately. Any person to whom such an order is directed shall comply
therewith immediately but, upon petition to Township, shall be afforded
a hearing as soon as possible. After such hearing, depending upon
its findings as to compliance or noncompliance with the provisions
of this chapter, and of regulations adopted pursuant thereto have
been complied with, the Township shall continue such order in effect,
modify it, or revoke it.
No person, persons, partnership, association, corporation or other legally recognized entity shall place or erect or permit to be placed or erected by others, or occupy or permit to be occupied by others, any mobile home in the Township of Darlington for sleeping or living purposes, whether for immediate or future use, except in a mobile home park duly licensed by the Township of Darlington in accordance with this chapter and all amendments thereto. However, a single on-lot mobile home erection may be permitted, provided said mobile home and mobile home lot conforms to and complies with all plumbing, sanitary disposal and building ordinances applicable to conventional stationary single-family residential dwellings, this chapter and amendments thereto and Chapter 147, Subdivision and Development of Land, of the Code of the Township of Darlington.
The enforcement provisions relative to Article VIII and Article IX of this chapter shall apply with equal force and effect to the owner or owners of real property within the Township who have granted permission, rented, leased, condoned, or otherwise allowed others to place a mobile home on his, her or their property in violation of any of the provisions of § 103-52, as amended.
