[Ord. No. 1038, § 8, 5-14-1990]
1.
(a)
Any person, partnership or occupation who or which has violated
the provisions of this Subdivision or Land Development Ordinance shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment not more than $500 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 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 the ordinance 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.
(b)
The court of common pleas, upon petition, may grant an order
of stay, upon cause shown, tolling the per-diem judgment pending a
final adjudication of the violation and judgment.
(c)
In addition to other remedies, the Township may institute and
maintain appropriate by law or in equity to restrain, correct or abate
violations; to prevent unlawful construction; to recover damages;
and to prevent illegal occupancy of a building, structure or premises.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies provided herein.
2.
The Township may refuse to issue may permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of this Ordinance. The authority to deny such a permit
or approval shall apply to any of the following applicants:
(a)
The owner of record at the time of such violation.
(b)
The vendee of lessee of the owner of record at the time of such
violation, without regard as to whether such a vendee or lessee has
actual or constructive notice of the violation.
(c)
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
(d)
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard to
whether such vendee or lessee has actual or constructive knowledge
of the violation.
3.
The Township may condition the issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
upon compliance with the conditions that would have been applicable
to the property at the time the applicant acquired an interest in
such real property.)
