[Amended 9-22-1990 by Ord. No. 80-21; 8-11-1986 by Ord. No. 86-35; 3-13-1989 by Ord. No. 89-07; 10-22-1990 by Ord. No.
90-48]
It shall be a violation of this chapter to undertake any action which is contrary to the terms of this chapter, including but not limited to the failure to obtain a permit as stipulated in § 280-131.
A.Â
When it appears to the Zoning Officer that a violation
of this chapter has occurred, enforcement proceedings shall be initiated
by sending an enforcement notice. By means of the enforcement notice,
the Zoning Officer may order discontinuance of illegal use of land
or structure; removal of illegal structures or additions, alterations
or structural changes thereto; or discontinuance of any illegal work
being done.
B.Â
The enforcement notice shall be sent 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.
C.Â
An enforcement notice shall, at minimum, state the
following:
(1)Â
The name of the owner of record and any other
person against whom the Township intends to take action.
(2)Â
The location of the property in violation.
(3)Â
The specific violation, with a description of
the requirements which have not been met, citing in each instance
the applicable provisions of this chapter.
(4)Â
The date before which the steps for compliance
must be commenced and the date before which the steps must be completed.
(5)Â
That the recipient of the notice has the right
to appeal to the Zoning Hearing Board, in accordance with the procedures
set forth in this chapter.
(6)Â
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.
A.Â
Whenever a violation of this chapter occurs or is
alleged to have occurred, any person may file a written complaint.
Such complaint, stating fully the causes and basis thereof, shall
be filed with the Zoning Officer. He shall record properly such complaint,
investigate and take action thereon.
B.Â
In case any building, structure, landscaping or land
is or is proposed to be erected, constructed, reconstructed, altered,
converted, maintained or used in violation of this chapter, the Board
of Commissioners or the Zoning Officer or any aggrieved owner or tenant
of real property who shows that his property or person will be substantially
affected by the alleged violation, in addition to other remedies,
may institute any appropriate action or proceeding to prevent, restrain,
correct or abate such building, structure, landscaping or other growth
or land or to prevent, in or about such premises, any act, conduct,
business or use constituting a violation.
C.Â
Where any action authorized in Subsection B above is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun, by serving a copy of the complaint upon the Board of Commissioners. No such action may be maintained until such notice has been given.
Any person, partnership or corporation who or
which have violated or permitted the violation of the provisions of
this chapter shall, upon being found liable therefore 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 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 (5th) day following the
date of the determination of a violation by the District Justice.
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
the Township.