Where any building or structure is erected, reconstructed, converted
or maintained, or any building, structure or land is used in violation
of this chapter, the Board of Supervisors or, with the approval of
the Board of Supervisors, the Enforcement Officer, may in the name
of Coolbaugh Township:
A. Institute any appropriate action or proceedings at law or equity
to prevent or restrain such unlawful activity;
B. Restrain or abate such violation;
C. Prevent the occupancy of said building, structure or land or to prevent
any illegal act, conduct, business or use in or about such premises.
Where it appears to Coolbaugh Township that a violation of any
provisions of this chapter has occurred, the Enforcement Officer shall
initiate enforcement proceedings by sending an enforcement notice
as provided in this section.
A. Recipients. The enforcement notice shall be sent to the owner of
record 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.
B. Contents. The enforcement notice shall state the following:
(1) The name of the owner of record and any other person against whom
Coolbaugh Township 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 the chapter.
(4) The date before which the steps for compliance must be commenced
and the date before which steps must be completed.
(5) That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a prescribed period of time in Coolbaugh with
procedures set forth in the chapter.
(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.
Where the notice of violation is not complied with in the time
period set forth in the notice, the Enforcement Officer shall order
the discontinuance of such unlawful use of land, structure, or building
involved in said violation.
Any person who shall violate the provisions of this chapter
shall, upon conviction in a summary proceeding, be sentenced to pay
a fine of not more than $500 plus all court costs, including reasonable
attorney fees incurred by Coolbaugh Township as a result thereof.
If the defendant neither pays nor timely appeals the judgment, Coolbaugh
Township may enforce the judgment pursuant to applicable rules of
civil procedure. Each day a violation continues constitutes 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 violating the chapter to have believed
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 attorney
fees collected for the violation of this chapter shall be paid over
to Coolbaugh Township.
Any appeal from a decision of the Board of Supervisors under §
275-9 or of any officer of Coolbaugh Township in matters pertaining to this chapter shall be made to the Zoning Hearing Board in the same manner and within the same time limitations as is provided for zoning appeals in Article IX of the Pennsylvania Municipalities Planning Code, as amended.