A.
It shall be the duty of the Zoning Officer to take
cognizance of violations of this chapter. He/she shall investigate
each violation which comes to his/her attention, whether by observation
or communication. He/she shall order in writing the correction of
such conditions as are found to be in violation of this chapter.
B.
Failure to secure a permit or Zoning Hearing Board
approval when required, previous to the erection, construction, extension,
or addition to a building, shall be a violation of this chapter.
An 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. The notice of enforcement shall include:
A.
The name of the owner of record and any other persons
against whom the Township intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements
that have not been met, citing in each instance the applicable provisions
of this chapter.
D.
The date on which expires the period in which compliance
with the chapter is to be achieved.
E.
A statement describing the recipient's right to appeal
to the Zoning Hearing Board within 30 days of receipt of the notice.
F.
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.
If a violation is not corrected within the period
specified by the enforcement notice, it shall be the duty of the Zoning
Officer to notify the Township Board of Supervisors, who shall take
necessary action to correct the violation, which action may include
initiation of a civil enforcement proceeding.
B.
Where, in the opinion of the Zoning Officer, a violation
presents peril to life or property, the Zoning Officer may recommend
to the Board of Supervisors immediate initiation of a civil enforcement
proceeding.
A.
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
$500, plus all court costs, including reasonable attorney fees incurred
by the Township as a result thereof.
(1)
No judgment shall commence or be imposed, levied
or payable until the date of 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.
(2)
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 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 District Justice, and thereafter each day shall constitute a separate
violation.
(3)
All judgments, costs and reasonable attorney
fees collected for the violation of this chapter shall be paid over
to the Township.
(4)
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.
Causes of action. An aggrieved owner or tenant of
real property who shows that his/her 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 for special
exceptions, applications for variances, Zoning Hearing Board certificates,
etc., and other charges associated with this chapter shall be fixed
in accordance with a fee schedule adopted by a resolution of the Township
Board of Supervisors upon the enactment of this chapter, and such
schedule may be amended from time to time by resolution of the Township
Board of Supervisors.
