[Ord. 7-98, 9/1/1998, § 701]
Upon presentation of proper credentials, duly authorized representatives
of Richmond Township may enter at reasonable times upon any property
within Richmond Township to investigate or ascertain the condition
of the subject property in regard to any aspect regulated by this
chapter.
[Ord. 7-98, 9/1/1998, § 702]
In the event that an owner, subdivider, developer or his agent fails to comply with the requirements of this chapter, or fails to conform to the requirements of any permit issued thereunder, Richmond Township shall provide written notification of violation. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s). Upon failure to comply within the time specified, the owner, subdivider, developer or his agent shall be subject to the penalty provisions of § 26-703 hereof or other penalty provisions contained in the Subdivision and Land Development Ordinance [Chapter 22], where applicable.
[Ord. 7-98, 9/1/1998, § 703]
1.
Any person, partnership or corporation who or which 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 than $1,000
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 payable until the date of the determination
of a violation by the 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 fine pending a final adjudication
of the violation and judgment.
3.
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.
4.
District justices shall have initial jurisdiction over proceedings
brought under this section.
5.
In addition, Richmond Township may institute injunctive, mandamus
or any other appropriate action or proceeding at law or in equity
for the enforcement of this chapter. Any court of competent jurisdiction
shall have the right to issue restraining orders, temporary or permanent
injunctions, mandamus, or other appropriate forms of remedy or relief.
[Ord. 7-98, 9/1/1998, § 704]
1.
Appeal to Board of Supervisors. Any person aggrieved by any action
of Richmond Township or its agent may appeal to the Board of Supervisors
within 10 days of that action.
2.
Appeal to Court. Any person aggrieved by any decision of the Board
of Supervisors may appeal to the Tioga Court of Common Pleas in accordance
with the Rules of Civil Procedure.
