[Ord. 01-09-18-1, 9/18/2001, § 3100]
Unless otherwise provided by law or in this chapter, no building
or structure shall be constructed, erected or extended and no building,
structure, or land shall be used or occupied, except for the purposes
permitted herein.
[Ord. 01-09-18-1, 9/18/2001, § 3101]
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 any of the provisions of this chapter,
the Board of Supervisors, or with the approval of the Board, an officer
of the Board, 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 appropriate action or proceeding to prevent, restrain, correct,
or abate such building, structure, landscaping, or use of land, or
to prevent, in or about such premises, any act, conduct, business,
or use constituting a violation. When such action is instituted by
a landowner or tenant, notice of that action shall be served upon
the Township at least 30 days prior to the time the action is begun
by serving a copy of the complaint on the Board of Supervisors. No
such action may be maintained until such notice has been given.
[Ord. 01-09-18-1, 9/18/2001, § 3102]
1.
Any person, partnership or corporation who or that has violated or
permitted the violation of the provisions of this chapter shall, upon
being found liable therefor in a civil enforcement proceeding commenced
by the Township, pay a judgment of not more that $500 plus all court
costs, including reasonable attorneys' fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied
or be payable until the date of the determination of a violation by
the Magisterial District Judge. If the defendant neither pays nor
timely appeals the judgment, the municipality 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 Magisterial District Judge 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 Magisterial District
Judge, and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorneys'
fees collected for the violation of this chapter shall be paid over
to the Township. 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.
2.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
[Ord. 01-09-18-1, 9/18/2001, § 3103]
The provisions of this chapter, so far as they are the same
as those of ordinances in force immediately prior to the enactment
of this chapter, are intended as a continuation of such ordinances.
The provisions of this chapter shall not affect any act done or liability
incurred nor shall they affect any suit or prosecution pending or
to be instituted to enforce any right or penalty or to punish any
offense under the authority of any ordinance repealed by this chapter.
