The regulations set forth in this chapter may, from time to time, be amended by the Board of Commissioners, pursuant to Article
V of the Municipalities Planning Code, as amended.
Unless and until a final plan has been prepared in full compliance
with the provisions of the regulations adopted herein and has been
recorded as provided herein:
A. In addition to other remedies, the Township may institute and maintain
appropriate actions of law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
The 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 transferrer from such penalties or
from the remedies herein provided.
B. Issuance of permit.
(1) The 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 this chapter. The authority to deny such a permit
or approval shall apply to any of the following applicants:
(a)
The owner of record at the time of such violation.
(b)
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.
(c)
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.
(d)
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.
(2) 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, the 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.
C. Enforcement remedies.
(1) Any person, partnership or corporation who or which has violated
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 than $500, plus all court costs, including reasonable
attorney 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 a District Justice. If the
defendant neither pays nor timely appeals the judgment, the Township
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 District Justice, 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 District Justice, and thereafter each day that a violation
continues shall constitute a separate violation.
(2) The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per-diem judgment pending a final adjudication
of the violation and judgment.
(3) Nothing contained herein 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.