Court actions. 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.
Permit denials and conditions. 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 or land development in violation of this
chapter. As an additional condition for issuance of a permit or the
granting of an approval 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. This applies to any of the following
applicants:
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.
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.
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.
No exemption. The description by metes and bounds
in the instrument of transfer or other documents used in the process
of selling or transferring shall not exempt the seller or transferor
from such penalties or from the remedies provided in this section.
Civil enforcement action. When the Township finds
that any person, partnership, or corporation has violated any provision
of this chapter or any condition imposed by the Township pursuant
to this chapter or has proceeded without satisfying the requirements
of this chapter, the Township may institute civil enforcement proceedings.
Judgment. Where the District Justice finds the person,
partnership, or corporation liable for such violations, the person,
partnership, or corporation shall pay a judgment of not more than
$500, plus all court costs, including reasonable attorney fees, incurred
by the Township. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
District Justice.
Enforcement of judgment. If the defendant neither
pays nor timely appeals the judgement, the Township may enforce the
judgment pursuant to the applicable Rules of Civil Procedure.
Continuing violations. 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. Thereafter, each day that a violation continues
shall constitute a separate violation.
Order of stay tolling per-diem judgments. 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 a violation and judgment.
Enforcement by Township. Nothing 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.
Appeals from any action or decision under this
chapter shall proceed in accordance with the MPC.[1]