Failure to secure a zoning permit or Zoning Hearing Board certificate,
when require, previous to the erection, construction, extension or
addition to a building, or failure to secure a use registration permit
shall be a violation of this chapter.
When written notice of a violation of any of the provisions
of this chapter has been served by the Building Inspector, when appointed,
on the owner, agent or occupant, contractor or builder, such violation
shall be discontinued immediately.
A.
If it appears to the Township that a violation of any zoning ordinance
has occurred, the Township 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 the enforcement notice 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 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 the 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 prescribed period of time in accordance
with procedures set forth in this chapter.
(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.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of any provision 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 and
not less than $250, 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 magisterial district judge. 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 magisterial 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 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 magisterial
district judge, and thereafter each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney's fees collected for the violation of zoning ordinances shall
be paid over to the Township.
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 the right
to commence any action for enforcement pursuant to this section.
In addition to other charges authorized under this chapter, the Board of Commissioners shall prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the Secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. Said charges shall be established from time to time by the Board of Commissioners and set forth in Chapter 140, Fees, Rates and Permits, Article IX, Zoning, of the Township Code of Upper Moreland Township. In addition, the cost of the original transcript shall be paid by any person appealing from the decision of the Zoning Hearing Board, unless the Board had previously ordered such transcript and, in any case, the cost of copies of the transcript shall be borne by the party requesting such copies.
