In the event that any improvements which may be required have not been
installed as provided in this chapter or in accord with the approved final
plat, the Board of Supervisors is hereby granted the power to enforce any
corporate bond or other security by appropriate legal and equitable remedies.
If proceeds of such bond or other security are insufficient to pay the cost
of installing or making repairs or corrections to all the improvements covered
by said security, the Board of Supervisors may, at its option, install part
of such improvements in all or part of the subdivision or land development
and may institute appropriate legal or equitable action to recover the moneys
necessary to complete the remainder of the improvements. All of the proceeds,
whether resulting from the security or from any legal or equitable action
brought against the developer, or both, shall be used solely for the installation
of the improvements covered by such.security, and not for any other municipal
purpose.
A.
In addition to other remedies, the township may institute
and maintain appropriate actions by 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 document
used in the process of selling or transferring, shall not exempt the seller
or transferor from such penalties or from the remedies herein provided.
B.
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. This authority to deny such a permit or approval
shall apply to any of the following applicants:
(1)
The owner of record at the time of such violation.
(2)
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.
(3)
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.
(4)
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.
C.
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.
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 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. 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.[2]
