[Amended 12-1-1987 by Ord. No. 249]
The Zoning Officer of the Department of Licenses
and Inspections of Upper Southampton Township is hereby appointed
as the chief enforcement officer of this chapter. It shall be his
duty to enforce the provisions hereof, to investigate all complaints
of violations of this chapter, and to institute in the name of the
Township appropriate proceedings for fines and penalties for violations
of this chapter and/or restrain such violations against any person,
partnership or corporation responsible therefor.
[Amended 6-7-1988 by Ord. No. 256; 1-21-1992 by Ord. No.
294]
A.
If it appears to the Township of Upper Southampton
that a violation of this chapter has occurred, the Township of Upper
Southampton shall initiate enforcement proceedings by sending an enforcement
notice as provided in this section.
B.
The 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.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person
against whom the Township of Upper Southampton intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date before which the steps for compliance must
be commenced and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to
appeal to the Zoning Hearing Board within a period of 10 days.
(6)
That failure to comply with the notice within the
time specified, unless extended by appeal to the Zoning Hearing Board,
constitutes a violation, with possible sanctions clearly described.
[Amended 1-21-1992 by Ord. No. 294]
In case any building, structure, landscaping
or land is, or is proposed to be, erected, constructed, reconstructed,
altered, converted, maintained or used in violation of this chapter,
the Board of Supervisors or, with the approval of the Board of Supervisors,
an officer of the Township of Upper Southampton, or any aggrieved
owner or tenant of real property who shows that his property or person
will be substantially affected by the alleged violation, in addition
to other remedies, may institute any appropriate action or proceeding
to prevent, restrain, correct or abate such building, structure, landscaping
or land, or to prevent, in or about such premises, any act, conduct,
business or use constituting a violation. When any such action is
instituted by a landowner or tenant, notice of that action shall be
served upon the Township of Upper Southampton at least 30 days prior
to the time the action is begun by serving a copy of the complaint
on the Board of Supervisors. No such action may be maintained until
such notice has been given.
[Amended 6-7-1988 by Ord. No. 256; 1-21-1992 by Ord. No.
294]
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 of Upper Southampton, pay a judgment
of not more than $500 plus all court costs, including reasonable attorney
fees incurred by the Township of Upper Southampton 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 of Upper Southampton 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 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 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 fine 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
of Upper Southampton the right to commence any action for enforcement
pursuant to this section.
D.
District Justices shall have initial jurisdiction
over proceedings brought under this section.