[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
This chapter shall be administered and enforced
by an agent to be appointed by the Mayor who shall be known as the
Zoning Officer. The Zoning Officer shall be able to demonstrate to
the satisfaction of the Township a working knowledge of municipal
zoning. The Zoning Officer shall not hold any elective office in the
Township. In addition to administering and enforcing this chapter,
the Zoning Officer shall receive and maintain a record of all applications
for permits and a record of all permits issued, and shall note all
special conditions involved. The Zoning Officer shall further file
copies of all plans submitted and the same shall form a part of the
records of the office and shall be available for the use of the Zoning
Hearing Board, the Commissioners, other Township officials and staff,
and Township residents. Such records shall be the property of the
Township.
It shall be the duty of the Zoning Officer or
his/her duly authorized assistant or assistants to inspect or examine
any land, building, structure, sign, plan or premises and to order,
in writing, the abatement of any conditions found to exist in violation
of the provisions of this chapter. At no time shall the Zoning Officer
or his/her duly authorized assistant or assistants issue a permit
for the construction or alteration of any building, structure or sign
where the proposed construction, alteration or use thereof would be
in violation of any provision of this chapter. The Zoning Officer
shall administer this chapter in accordance with its literal terms,
and shall not have the power to permit any construction or any use
or change of use which does not conform to this chapter. The Zoning
Officer is also authorized to institute civil enforcement proceedings
as a means of enforcement when acting within the scope of his/her
employment.
The Zoning Officer, or any employee charged
with the enforcement of this chapter, while acting in such capacity,
shall not be personally liable for any actions, effects, consequences
or results undertaken in furtherance of the provisions of this chapter.
Any suit instituted against the Zoning Officer or any employee because
of an act performed by him/her in the lawful discharge of his/her
duties pursuant to this chapter in good faith and without malice shall
be defended by the legal representative of the Township and all costs
associated with such action or actions shall be borne by the Township.
In the discharge of the duties prescribed herein,
the Zoning Officer or his/her authorized assistant or assistants shall
have the authority to enter, at any reasonable hour, any structure,
building, premises or land in the Township to enforce the provisions
of this chapter.
The Commissioners shall appropriate from general
funds monies to finance the preparation, administration and enforcement
of this chapter and to finance the work of the Zoning Hearing Board,
and may appropriate such monies to support or oppose a position or
party before the Zoning Hearing Board and upon appeal to the courts.
For the same purposes, the Commissioners may accept grants of money
and services from authorized sources which include County, State and
Federal governments. The Commissioners may, by resolution, prescribe
reasonable fees to be charged with respect to the administration of
this chapter.
A.Â
If it appears to the Township that a violation of
any provision of this chapter has occurred, the Township shall initiate
enforcement proceedings by sending an enforcement notice as provided
in this section.
B.Â
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.Â
An enforcement notice shall state at least the following:
(1)Â
The name of the owner of record and any other person
against whom the Township intends to take action.
(2)Â
The location of the property in violation.
(3)Â
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)Â
The date before which the steps for compliance must
be commenced shall be five days from receipt of such notice and the
date before which the steps must be completed to remedy the violation
shall be 30 days from the receipt of such notice.
(5)Â
That the recipient of the notice has the right of
appeal to the Zoning Hearing Board within five days of receipt of
the notice pursuant to standards as set forth in this chapter.
[Amended 12-18-1989 by Ord. No. 1657]
(6)Â
Any person who authorizes or continues any work, use or occupancy in or about any structure, building, sign, land or premises after having been served with an enforcement notice (which may also be referred to as a "stop work order"), except such work as is directed by the Township to be performed, shall be in violation of this chapter and subject to the penalties as set forth in § 27-14.
(7)Â
Any person who has been served with an enforcement
notice or discontinues or abandons work shall not leave any structure,
building, sign, land or premises in such condition as to be hazardous
to the public health, safety and welfare. In the event any structure,
building, sign, land or premises is abandoned or left in a condition
which, in the option of the Zoning Officer, constitutes a hazard to
the public health, safety and welfare, the Zoning Officer may declare
the same to be a nuisance. Such hazard shall, thereafter, be abated
as permitted by statute, ordinance or law.
[Amended 12-18-1989 by Ord. No. 1657]
In the event any building, structure, landscaping
or land is, or is proposed to be, erected, constructed, reconstructed,
altered, converted, maintained or used in violation of any provision
of this chapter, the Commissioners, the Zoning Officer, or with the
approval of the Commissioners, an officer of the Township 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 at least 30 days prior to the time the action
is begun by serving a copy of the complaint on the Commissioners.
No such action may be maintained until such notice has been given.
Any person, partnership or corporation who or
which has violated or permitted the violation of any of the provisions
of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding, 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 be 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 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 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. All judgments, costs and reasonable
attorney fees collected for the violation of this chapter shall be
paid over to the Township.
This chapter shall not apply to any existing
or proposed building or extension thereof used or to be used by a
public utility if, upon petition of the utility, the Pennsylvania
Public Utility Commission shall, after a public hearing, decide that
the present or proposed condition of the building in question is reasonably
necessary for the convenience or welfare of the general public. It
shall be the responsibility of the Pennsylvania Public Utility Commission
to ensure that both the corporation and the Township have notice of
the hearing and are granted an opportunity to appear, present witnesses,
cross-examine witnesses presented by other parties and otherwise exercise
the rights of a party to the proceeding.
