[Adopted 8-15-2012 by Ord. No. 958]
Any person or entity who violates a provision of the Municipal Building Code of South Whitehall Township or fails to comply with any of the requirements thereof or who takes action in violation of the approved construction documents or directive of the Building Code Official, or of a permit or certificate issued under the provisions of the Municipal Building Code of South Whitehall Township, shall be liable for a civil penalty, upon a finding of liability by the Magisterial District Judge or any other court of competent jurisdiction. The amount of the civil penalty for each such violation shall be not more than $1,000, plus costs of the enforcement action, including reasonable attorneys' fees. Each day that a violation continues shall be deemed to be a separate violation.
Any person or entity who continues any work in or about the structure after having been served with a stop-work order, except such work as that person or entity is directed to perform to remove a violation or unsafe conditions, shall be liable for a civil penalty, upon a finding of liability by the Magisterial District Judge or any other court of competent jurisdiction. The amount of the civil penalty for each such violation shall be not less than $100 and shall be not more than $1,000, plus costs of the enforcement action, including reasonable attorneys' fees. Each day that a violation continues shall be deemed to be a separate violation.
The imposition of the penalties herein prescribed shall not preclude the Township Solicitor from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the facilities on or about any premises. Despite the assessment of a civil penalty pursuant to § 144-24 of this article, the violation itself must still be corrected. Failure to make the necessary corrections will result in the violator being subject to additional penalties as described in § 144-24 of this article.
A. 
Upon refusal or neglect of the person or entity served with a written notice pursuant to Municipal Building Code of South Whitehall Township § 403.84 (unsafe building, structure or equipment) to comply with the requirements of the order to abate the unsafe condition, the Township Solicitor shall be advised of all the facts and shall institute the appropriate action to compel compliance, including but not limited to an action to abate a nuisance. Any person or entity failing to comply with the requirements of the abatement order shall be liable for a civil penalty, upon a finding of liability by the Magisterial District Justice or any other court of competent jurisdiction. The amount of the civil penalty for each such failure to comply with an abatement order shall be not more than $1,000, plus costs of the enforcement action, including reasonable attorneys' fees. Each day that the failure to comply with an abatement order continues shall be deemed to be a separate failure to comply with an abatement order.
B. 
No person shall occupy a building or structure or any part thereof or remove or deface any notice posted pursuant to Municipal Building Code of South Whitehall Township § 403.84(d) until or at such time as all repairs, demolition or removal ordered by the Building Code Official have been completed and a certificate of occupancy has been issued.
C. 
The Building Code Official may, in addition to any other remedy provided herein or under the Municipal Building Code of South Whitehall Township, cause the building or structure or any part thereof to be repaired to the extent necessary to abate the nuisance and safeguard the public interest. The Township shall be entitled to collect the costs of such abatement, together with an administrative fee of 10% of such costs, either in the manner provided by law for the collection of municipal claims, or by action of assumpsit without the filing of a claim, or may seek relief by bill in equity.