The Zoning Officer shall have all of the duties and powers conferred
upon him by this chapter and the Municipalities Planning Code. The duties of the Zoning Officer shall include but not
be limited to:
A. Applications and permits. The Zoning Officer shall receive, examine
and process all applications for zoning permits and/or certificates
of use and occupancy for the erection, construction, alteration, repair,
extension, replacement, relocation, conversion, use, change of use
and/or occupancy of land, buildings, structures, signs and/or landscaping
in the Township. The Zoning Officer shall record and file all applications
for permits and accompanying plans and documents and keep them for
public record.
B. Inspection. The Zoning Officer may, and, if requested by the Board
of Supervisors or the permit holder, shall, make at least one inspection
during the progress of the work for which a zoning permit has been
issued. Upon completion of the work and before issuance of a certificate
of use and occupancy, he shall make a final inspection of the property
to assure compliance with all provisions of this chapter and all other
applicable Township ordinances and applicable statutes and regulations.
Violations of approved plans or permits shall be noted, and the Zoning
Officer shall notify the holder of the permit of all discrepancies.
C. Complaints regarding violations. The Zoning Officer may, and, when
in receipt of a signed written complaint stating fully the cause and
basis thereof, shall, investigate alleged violations of this chapter.
If a signed written complaint is received, said investigation shall
be completed within 15 days of receipt of said complaint. A written
report of all investigations of alleged violations of this chapter
shall be prepared and properly filed and a copy shall be sent to the
Board of Supervisors. If, after investigation, the Zoning Officer
determines that a violation has occurred, he shall take action as
provided this chapter.
D. Official records. It shall be the duty of the Zoning Officer to maintain
and be responsible for all pertinent records on zoning matters in
the Township. These records shall include but not be limited to all
applications received, copies of all permits and certificates issued,
copies of orders and findings of the Zoning Hearing Board, written
complaints of alleged violations, records of all inspections made,
a current copy of this Zoning Ordinance and all amending ordinances,
a copy of the current Official Zoning Map, and all other pertinent
information. The records of the Zoning Officer shall be available
for the use of the Township government and inspection by any interested
party during normal office hours. The Zoning Officer shall submit
to the Board of Supervisors a written report of all zoning permits
and certificates of use and occupancy issued and all notices of violations
and stop-work orders issued or recommended as requested by the Board
of Supervisors.
E. Nonconforming uses, structures and lots. The Zoning Officer shall
inspect nonconforming uses, structures and lots and keep a record
of such nonconforming uses, structures and lots as a public record.
F. Presentation of evidence and testimony. Upon the request of the Board
of Supervisors or the Zoning Hearing Board, the Zoning Officer shall
present to such bodies facts, records and any similar information
on specific requests to assist such bodies in reaching their decisions.
G. Enforcement. The Zoning Officer shall enforce the provisions of this chapter in accordance with §§
135-367 and
135-368 herein.
The construction, excavation, alteration, maintenance or use
of any structure, building, sign, land or landscaping or the change
of use, area of use, percentage of use or displacement of the use
of any structure, building, sign, land or landscaping without first
obtaining a zoning permit; or the use of any building, structure,
sign or land without receipt of a certificate of use and occupancy;
or the use or maintenance of any building, structure, sign or land
for a use or in a manner which is not in accordance with the provisions
of this chapter; or the use of property for a use different from that
set forth in any zoning permit or certificate of use and occupancy
which has been granted for the property without applying for and being
granted a zoning permit and certificate of use and occupancy for such
new or different use; or the failure to comply with any other provision
of this chapter; or the violation of any conditions imposed upon the
grant of a special exception or variance by the Zoning Hearing Board
or a conditional use by the Board of Supervisors or by a court of
competent jurisdiction if a special exception, variance or conditional
use is granted by such court, is hereby declared to be a violation
of this chapter.
If it appears to the Zoning Officer that a violation of this
chapter shall exist, the Zoning Officer shall send an enforcement
notice (also known as a "notice of violation and cease-and-desist
order") to the owner of record of the lot on which the violation has
occurred, to any person who has filed a written request to receive
enforcement notices regarding that lot, to any other person requested
in writing by the owner of record and to any person against whom the
Township may bring an enforcement action. The enforcement notice shall
contain the name of the owner of record and any other persons against
whom the Township may take action, the location of the property in
violation, the specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter, the date before which steps for compliance must be
commenced and that date before which the steps must be completed,
that the recipient of the enforcement notice has the right to appeal
to the Zoning Hearing Board within 30 days and that a failure to comply
with the notice within the time specified, unless extended by an appeal
to the Zoning Hearing Board, constitutes a violation with sanctions
as provided in this chapter.
If an enforcement notice is not complied with promptly, the
Zoning Officer shall notify the Board of Supervisors. The Zoning Officer
may institute a civil enforcement action before the District Justice
and, if the Board of Supervisors so directs, shall institute a civil
enforcement action. The Board of Supervisors may request the Township
Solicitor to institute in the name of the Township any appropriate
action or proceeding at law or in equity to prevent, restrain, correct,
or abate such violation or to require the removal or termination of
the unlawful use of the structure, building, sign, landscaping or
land in violation of the chapter or of an order or direction made
pursuant thereto.
Any person who 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 the
reasonable attorneys' 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 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 a Magisterial District Judge determining
that there has been a violation further determines that there was
a good-faith basis for the person 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 Magisterial District
Judge, and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorneys'
fees collected for the violation of this chapter shall be paid over
to the Township for the general use of the Township.
In case any building, structure, sign or landscaping is erected,
constructed, reconstructed, altered, repaired, converted or maintained;
or any building, structure, sign or land is used; or any hedge, shrub,
tree or other growth is maintained in violation of this chapter or
of any of the regulations made pursuant thereto or any of the permits
or certificates of use and occupancy issued under this chapter or
any conditions imposed upon the grant of a special exception or variance
by the Zoning Hearing Board or upon the grant of a conditional use
by the Board of Supervisors, then, in addition to any other remedies
provided by law, any appropriate action or proceeding may be instituted
or taken to prevent or restrain such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
or to prevent any illegal act, conduct, business or use in and about
such premises.