[Ord. 96-266, 5/2/1996; as amended by Ord. 2005-362, 12/15/2005]
1. Initial Jurisdiction. District judges shall have initial jurisdiction
in proceedings brought under this Section.
2. Civil Enforcement Action. When the Township finds that any person,
partnership, or corporation has violated any provision of this chapter
or any condition imposed by the Township pursuant to this chapter
or has proceeded without satisfying the requirements of this chapter,
the Township may institute civil enforcement proceedings.
3. Judgment. Where the district judge finds the person, partnership,
or corporation liable for such violations, the person, partnership,
or corporation shall pay a judgment of not more than $500 plus all
court costs, including reasonable attorney fees, incurred by the Township.
No judgment shall commence or be imposed, levied or payable until
the date of the determination of a violation by the district judge.
4. Enforcement of Judgment. If the defendant neither pays nor timely
appeals the judgement, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure.
5. Continuing Violations. Each day that a violation continues shall
constitute a separate violation, unless the district judge 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 judge. Thereafter, each day that a violation continues
shall constitute a separate violation.
6. Order of Stay Tolling Per Diem Judgments. 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 a violation
and judgment.
7. Enforcement by Township. Nothing 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.
[Ord. 96-266, 5/2/1996; as amended by Ord. 99-299, 11/23/1999,
§ 5; Ord. 96-266, 5/2/1996; as amended by Ord. 99-299, 11/23/1999,
§ 6; and by Ord. 2005-362, 12/15/2005]
Appeals from any action or decision under this chapter shall
proceed in accordance with the MPC, 53 P.S. § 10101 et seq.