[Ord. 6/11/1975A, Art. VIII, § 1; as amended by
Ord. 86-5, 1/14/1987]
Zoning Officer. The provisions of this chapter shall be administered
by a Zoning Officer, the office of which is hereby established.
Duties. The duties of the Zoning Officer shall be:
A.
To receive
and check all applications for zoning permits and certificates of
occupancy.
B.
To issue
zoning permits and certificates of occupancy only for construction
and uses which are in accordance with the regulations of this chapter
and subsequent amendments; or through Board or court approval.
C.
To record
and file all applications for zoning permits and certificates of occupancy
together with accompanying plans and documents and keep them for public
record.
D.
To immediately
prepare and publish a complete list of all nonconforming uses and
occupations existing at the time of adoption of this chapter or any
amendment thereto. Such list shall contain the names and addresses
of the owner or owners of such nonconforming uses and of any occupant
other than the owner, the legal description or descriptions of the
land, to the degree reasonably attainable, and the nature and extent
of land use. Notification of this list shall be given by at least
one publication in a newspaper of general circulation within the Township,
indicating where and when such list may be examined. Property owners
and occupants shall be given one month to inspect the list and suggest
necessary changes. They shall be given opportunity to appeal to the
Zoning Hearing Board for such changes in the list, as they request,
but which are not made by the Zoning Officer. After any necessary
changes have been made by the Zoning Officer, copies of the list shall
be delivered to the Board of Township Supervisors for approval and
recording.
E.
Issue
certificates of occupancy for legal nonconforming uses. He shall examine
them periodically to determine that they do not expand beyond the
limitation prescribed in this chapter.
F.
Upon specific
request of the Planning Commission or Zoning Hearing Board, to furnish
such facts, records and similar information, which will assist such
body in reaching its decision.
G.
To be
responsible for keeping this chapter, including the Zoning Map, up
to date and to include any amendments thereto.
H.
If the
Zoning Officer shall find that any provisions of this chapter are
being violated, he shall notify in writing the person responsible
for such violation, indicating the nature of the violation and ordering
the action necessary to correct it. He shall order discontinuance
of illegal uses of land, buildings, or structures; removal of illegal
buildings or structures or of additions, alterations or structural
changes thereto; order discontinuance of any illegal work being done;
or shall take any other action authorized by this chapter to insure
compliance with or prevent violation of its provisions.
[Ord. 6/11/1975A, Art. VIII, § 3]
This chapter shall be enforced by the Zoning Officer of Kingston
Township. No permit or certificate of occupancy provided for in this
chapter shall be granted by him for any purpose except in compliance
with the provisions of this chapter, or with a decision of the Zoning
Hearing Board or the courts.
[Ord. 6/11/1975A, Art. VIII, § 4]
Whenever a violation of this chapter occurs, or is alleged to
have occurred, any person may file a written complaint, stating fully
the causes and basis thereof, which shall be filed with the Zoning
Officer. He shall acknowledge such complaint, immediately investigate,
and take action thereon as provided in this chapter.
[Ord. 6/11/1975A, Art. VIII, § 5; as amended by
Ord. 1980-1, 7/9/1980; and by Ord. 1983-2, 4/13/1983; as amended by
Ord. 86-5, 1/14/1987]
Fees shall be paid in connection with applications under this
chapter in accordance with the Uniform Fee Resolution adopted from
time to time by the Board of Supervisors.
[Ord. 1989-5, 11/8/1989]
1.
If it appears to the Township that a violation of this chapter has
occurred, the Township shall initiate enforcement proceedings by sending
an enforcement notice as provided in this section.
2.
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.
3.
An enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom
the Township intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this chapter.
D.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
E.
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a period of 10 days.
F.
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.
[Ord. 1989-5, 11/8/1989]
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, 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 Board of Supervisors. No such action may be
maintained until such notice has been given.
[Ord. 1989-5, 11/8/1989]
1.
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, 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 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.
2.
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.
3.
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.
4.
District justices shall have initial jurisdiction over proceedings
brought under this section.
