[Amended 8-20-2003 by Ord. No. 03-04]
A.
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 before the District Justice having jurisdiction, pay a judgment
of not more than $500, plus all court costs, including reasonable
attorney's 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 determining that there has been a violation
further determines that there was a good faith basis for the person,
partnership or corporation violating the ordinance 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 that a violation continues shall constitute
a separate violation.
B.
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 the violation and judgment.
C.
Nothing contained 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.
Upon repeated violations by the same permittee,
his right to the issuance of a permit, or to continued operation under
a permit, may be suspended for a fixed term or permanently revoked,
after notice and hearing, subject to the right of appeal to the Chester
County Court of Common Pleas.
