In addition to other remedies, the Board 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 Board and its authorized representatives 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:
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 acquires 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. As an additional condition, the Board
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.
District Justices shall have initial jurisdiction in proceedings brought under § 107-53.
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 or its authorized representatives, 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 determines that there was a good-faith basis
for the person, partnership or corporation violating the chapter to
have believed that there was not 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 of Berks County, upon petition,
may grant any order to stay, upon cause shown, tolling the per diem
judgment pending a final adjudication of the violation and judgment.