The Zoning Officer shall take cognizance of
violations of this chapter and shall investigate each violation which
comes to his attention whether by observation or communication. Upon
approval of the Township Supervisors, the Zoning Officer shall order
in writing the correction of such conditions as are found to be in
violation of this chapter.
The Zoning Officer shall send an enforcement
notice to the owner of record of the parcel 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. The notice of enforcement
shall include:
A.Â
The name of the owner of record and any other person
against whom the Township intends to take action.
B.Â
The location and identification of the property in
violation.
C.Â
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of the chapter.
D.Â
The date before which the steps for compliance must
be commenced and the date before which the steps must be completed.
E.Â
A statement describing the recipient's right to appeal to the Zoning Hearing Board within 30 days of receipt of the notice, in conformance with Article VI of this chapter.
F.Â
A statement that failure to comply with the notice
within the time specified by the notice, unless extended by appeal
to the Zoning Hearing Board, constitutes a violation, with possible
sanctions clearly described.
A.Â
If a violation is not corrected within the period
of time specified by the enforcement notice, it shall be the duty
of the Zoning Officer to notify the Township Supervisors, who shall
take the necessary action to correct the violation, which action may
include initiation of a civil enforcement proceeding or a summary
criminal proceeding.
[Amended 11-13-2001 by Ord. No. 01-11]
B.Â
Where, in the opinion of the Zoning Officer, a violation
presents peril to life or property, the Zoning Officer may recommend
to the Supervisors immediate initiation of a civil enforcement proceeding.
A.Â
Any person, partnership, corporation or other legal
entity who or which has violated or permitted the violation of the
provisions of this chapter shall, upon being convicted or found liable
therefor in a civil enforcement proceeding commenced by the Township,
pay a judgment of not more than $600 per violation, plus all court
costs, including reasonable attorney's fees incurred by the Township
as a result thereof; or, if convicted in a summary criminal proceeding,
pay a fine not to exceed $1,000 per violation or imprisonment of not
more than 90 days, or both. Any ordinance regulating building, housing,
property maintenance, health, fire, public safety, parking, solicitation,
curfew, water, air or noise pollution shall be enforced before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
[Amended 11-13-2001 by Ord. No. 01-11[1]]
(1)Â
No judgment shall commence or be imposed, levied or
payable until the date of 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.
(2)Â
Each day that a violation continues shall constitute
a separate violation, unless the Magisterial District Judge further
determines that there was a good faith basis for the person, partnership
or corporation violating the 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.
(3)Â
All judgments, costs and reasonable attorney's fees
collected for the violation of the chapter shall be paid over to the
Township.
(4)Â
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.
B.Â
Causes of action. An aggrieved owner or tenant of
real property who shows that his property or person will be substantially
affected by an alleged violation of this chapter may institute any
appropriate action or proceeding to prevent, restrain, correct, or
abate the violation.
The fees for permits, applications before the
Zoning Hearing Board, Planning Commission or Board of Supervisors,
and other charges associated with the Zoning Ordinance shall be fixed
in accordance with a fee schedule adopted by a resolution of the Board
of Township Supervisors upon the enactment of this chapter, and such
schedule may be amended from time to time by resolution of the Board
of Township Supervisors.
It is not intended by this chapter to repeal,
abrogate, annul or interfere with any existing ordinances or enactment,
or with any rule, regulation or permit adopted or issued thereunder,
except insofar as the same may be inconsistent or in conflict with
any of the provisions of this chapter, provided that, where this chapter
imposes greater restrictions upon the use of buildings of land or
upon the height and bulk of buildings or prescribes larger open spaces
than are required by the provisions of such ordinance, enactment,
rule, regulation or permit, then the provisions of the chapter shall
control.
Should any section or provision of the chapter
be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the chapter as a whole or
of any other part thereof.