Whenever a violation of this chapter occurs, or is alleged to
have occurred, any person may file a complaint. Written complaints
are preferred. Such complaints should state fully the causes and basis
thereof and shall be filed with the Zoning Officer. The Zoning Officer
shall record such complaint, investigate and take action if found
to be valid as provided by this chapter.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter of the
City of Lancaster, as amended, failed to comply with an order of the
Zoning Hearing Board or with any conditions or safeguards imposed
by the Board in granting approval of a special exception or variance,
or failed to secure any permit or certificate of zoning compliance
required by this chapter shall, upon being found liable therefor in
a civil enforcement proceeding commenced by the City of Lancaster,
pay a judgment of not more than $500, plus all court costs, including
reasonable attorney fees incurred by the City of Lancaster as a result
thereof. No judgment shall commence or be imposed, levied or payable
until the date of the determination of a violation by the district
justice. If the defendant neither pays nor timely appeals the judgement,
the City of Lancaster 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 City of Lancaster.
In the case of any building, structure, landscaping or land
which is, or is proposed to be, erected, constructed, reconstructed,
altered, converted, maintained or used in violation of this chapter,
the City of Lancaster, 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 City of Lancaster
at least 30 days prior to the time the action is begun by serving
a copy of the complaint on the Lancaster City Council. No such action
may be maintained until such notice has been given.