[Amended 8-21-2003 by Ord. No. 2003-5]
Any person, partnership or corporation who or
which being owner or agent of the owner of any lot, tract or parcel
of land, shall lay out, construct, open or dedicate any street, sanitary
sewer, storm sewer, water main or other improvements for public use,
travel or other purposes or for the common use of occupants of buildings
abutting thereon, or who sells, transfers or agrees, or enters into
an agreement to sell any land in a subdivision or land development
whether by reference to, or by other use of, a plat of such subdivision
or land development or otherwise, or erect any building thereon, unless
and until a final plan has been prepared in full compliance with the
provisions of this chapter and of the regulations adopted hereunder
and has been recorded as provided herein, 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's fees incurred by the municipality
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of the 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 there has been a violation further determines there was
a good faith basis for the person, partnership or corporation violation
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 and thereafter each day that
a violation continues shall constitute a separate violation. Imprisonment
shall not be authorized under this chapter.
In addition to the other remedies, the municipality
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 documents used in the process of selling
or transferring shall not exempt the seller or transferor from such
penalties or from the remedies herein provided.
The decision of the Board of Supervisors with
respect to the approval of plans may be appealed to any court by any
party or any officer or agent of the developer. Such appeal shall
be filed not later than 30 days following the date of the decision
from which the appeal is taken.