An notice of violation shall be sent by certified mail by the
Zoning Officer to any landowner, person, partnership or corporation
of such lands where a violation of the provisions of this chapter
exists. Such notice shall include:
A.
The name of the owner of record and any other person against whom
action is intended.
B.
The location of the property in violation and the zoning district
in which the property is located.
C.
The specific violation, a description of the requirements which have
not been met and citation of applicable provisions of this chapter.
D.
The specific time for compliance.
E.
Notice of the recipient's right to appeal to the Zoning Hearing Board
and the time period for appeal.
F.
Notice that failure to comply or failure to appeal will result in
clearly described sanctions.
In case any building, structure, landscaping or land is or is
proposed to be erected, constructed, reconstructed, altered, converted,
graded, maintained or used in violation of the provisions 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 municipality at least 30 days prior to the time the
action is begun by serving a copy of the complaint on the governing
body of the municipality. No such action may be maintained until such
notice has been given.
Any landowner, person, partnership or corporation who or which
shall violate the provisions of this chapter shall, upon conviction
thereof in a civil judgment, be sentenced to pay a judgment of not
less than $200, nor more than $500, plus all court costs and reasonable
attorney's fees incurred by the Township. In default of payment of
the fine(s) or to appeal the judgment in a timely manner, the Township
may enforce the judgment pursuant to applicable rules of civil procedure.
Each day the violation continues shall constitute a separate violation,
unless it is determined that a good faith basis existed for the violation,
in which case there shall be deemed only one violation until the fifth
day following the violation; thereafter, each day shall constitute
a separate offense.
In addition to the civil enforcement proceeding set forth in
the Municipalities Planning Code[1] and § 195-157 of this chapter, the Township may enforce the provisions of this chapter by means of an action in equity commenced in the Court of Common Pleas of Bucks County, or in Commonwealth Court when original jurisdiction is vested with that court. This remedy shall be cumulative with all other remedies available to the Township in law or equity.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The District Justice shall have initial jurisdiction for all
proceedings brought for any violation of the provisions of this chapter.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
