[Amended 8-24-1989 by Ord. No. 89-09]
A.
The provisions of this chapter shall be enforced by an agent, to
be appointed by the Board of Supervisors, who shall be known as the
"Zoning Officer." The Zoning Officer shall be appointed at the first
meeting of the Board of Supervisors in January to serve until the
first day of January next following and shall thereafter be appointed
annually to serve for a term of one year and/or until his/her successor
is appointed. The Zoning Officer may succeed himself/herself. He/she
shall receive such fees or compensation as the Board of Supervisors
may, by resolution, provide. The Zoning Officer shall not hold any
elective office within the Township.
B.
Duties. The duties of the Zoning Officer shall be:
(1)
To receive, examine and process all applications as provided
by the terms of this chapter. The Zoning Officer shall also issue
building permits for special exception uses or for variances after
the same have been approved.
[Amended 6-28-2001 by Ord. No. 01-03]
(2)
To record and file all applications for building permits or
certificates of use and occupancy and accompanying plans and documents
and keep them for public record.
(3)
To inspect properties to determine compliance with all provisions
of this chapter, as well as conditions attached to the approval of
variances, special exceptions, conditional uses and curative amendments.
(5)
Upon the request of the Board of Supervisors or the Zoning Hearing
Board to present to such bodies facts, records and any similar information
on specific requests and to assist such bodies in reaching their decisions.
(7)
Upon the granting by the Zoning Hearing Board of a variance
pertaining to the regulatory floodplain, to notify the applicant in
writing within 15 days that:
(8)
Upon approval by the Zoning Hearing Board of a special exception
for development located within the regulatory floodplain, to send
written notice of the approval by registered mail to the Pennsylvania
Department of Community and Economic Development.
[Amended 6-28-2001 by Ord. No. 01-03]
(9)
To remain eligible for the National Flood Insurance Program,
the Zoning Officer shall submit a biannual report to the Federal Insurance
Administration concerning the status of the program in the Township.
(The report form shall be provided by the Federal Insurance Administration.)
This chapter shall be enforced by the Zoning Officer of the
Township. No building permit or certificate of use and occupancy shall
be granted by him/her for any purpose except in compliance with the
literal provisions of this chapter. The Zoning Officer may be authorized
to institute civil enforcement proceedings as a means of enforcement
when acting within his/her scope of employment.
A.
Failure to secure a building permit prior to a change in use of land
or structure or the erection, construction or alteration of any structure
or portion thereof shall be a violation of this chapter. It shall
also be a violation of this chapter to undertake other deliberate
actions which are contrary to the terms of this chapter and any conditions
placed upon the approval of special exceptions, variances and conditional
uses. Each day that a violation is continued shall constitute a separate
offense.
B.
If it appears to the Township that a violation of any Zoning Ordinance
enacted under the Act[1] or prior enabling laws has occurred, the Township shall
initiate enforcement proceedings by sending an enforcement notice
as provided in the following:
(1)
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.
(2)
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 prescribed period of time in accordance
with procedures set forth in this chapter.
(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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter enacted
under the Act[1] or prior enabling laws 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 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
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. All judgments, costs and reasonable
attorney fees collected for the violation of this chapter shall be
paid over to the Township.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
In case any building, structure, landscaping or land is erected,
constructed, reconstructed, altered, repaired, converted or maintained
or any building, structure or land is used or any hedge, tree, shrubs
or other growth is maintained in violation of this chapter or of any
regulations made pursuant hereto, in addition to other remedies provided
by law, any appropriate action or proceedings, whether by legal process
or otherwise, may be instituted or taken to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use to restrain, correct or abate such violation, to
prevent the occupancy of said building, structure or land or to prevent
any illegal act, conduct, business or use in or about such premises.
