Township of Millcreek, PA Article XV Appeals and Enforcement

§ 70-93 Appeals.

A. Designation of appeals board. Appeals from determinations of the Zoning Administrator and requests for variance from requirements of this Part 7, to the extent such requests are available, shall be made to the Zoning Hearing Board.

B. Appeal procedures. Procedures for requests for variance relief and appeals from determinations of the Zoning Administrator/Floodplain Administrator and fees and forms for the same shall be as set forth for the same in Chapter 145, Zoning.

C. Variances. Regulations set forth in Article XIV of this Part 7 shall govern. In all cases:

(1) All requests and grounds for variance relief shall be set forth in a single appeal or application to the Zoning Hearing Board.

(2) The burden shall be on the applicant to establish entitlement to relief.

§ 70-94 Violations.

A. Any person, partnership, firm, association or corporation who/which, being the owner or agent of the owner of any lot, tract or parcel of land, shall subdivide, develop or use such lot, tract or parcel and/or lay out, construct, open or dedicate any public or private improvement for the use of the public or of use by occupants of the premises or of premises abutting thereon, or who sells, agrees to sell, transfers or assigns any land in a development or erects any structure thereon except in full compliance with an approved and recorded final plan, the regulations established in this Part 7 and all other applicable laws and ordinances and/or covenants set forth in any agreement made in connection with such development or use, shall violate this Part 7 and be subject to enforcement remedies, fines and penalties as prescribed in this article and in Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, and Article II, Attorneys' Fees, of the Code of the Township of Millcreek (Ordinance Nos. 96-8 and 96-9), as the same have been and may in the future be amended.

B. The regulations established in this Part 7, all conditions imposed upon plan and/or permit approval and all easements and other rights given to the Township in connection with approval shall run with the land and shall bind the developer and all of developer's successors, grantees and assigns. Any person, partnership, firm, association or corporation who/which develops, maintains or alters land except in strict compliance with this Part 7, other applicable ordinance and the development plan and easements as approved and recorded shall violate this Part 7 and be subject to enforcement remedies, fines and penalties as prescribed in this article and in Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, and Article II, Attorneys' Fees, of the Code of the Township of Millcreek (Ordinance Nos. 96-8 and 96-9), as the same have been and in the future may be amended.

C. Each day a violation of this Part 7 occurs or continues shall be deemed a separate violation, and shall subject the person or entity committing the violation to fines and other enforcement remedies for each day such violation continues.

D. If a violation involves sale, agreement for sale or transfer of a lot in violation of this Part 7, each lot or transaction shall be deemed a separate offense.

§ 70-95 Violations and penalties.

A. Any person or entity found by a Magisterial District Judge in a civil action for enforcement commenced by Millcreek Township to have violated this Part 7 shall pay a civil fine in amounts as prescribed in this section for each violation and each day of violation, in addition to costs and attorney's fees due to the Township under procedures established in Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, and Article II, Attorneys' Fees, of the Code of the Township of Millcreek (Ordinance Nos. 96-8 and 96-9), as then in effect.

B. Prescribed fines. The following fines are prescribed for violations of this Part 7 and, in all cases, said fines shall be imposed for each violation and for each day a violation continues.

(1) A fine of $500 is prescribed for the following violations:

(a) Failure or refusal to apply for a permit or approval required by this Part 7;

(b) Action or omission in direct violation of action or determination on an application or appeal;

(c) A false representation as to a material fact on an application or appeal; and/or

(d) Development or use contrary to that represented on an application and/or authorized by an approval or determination.

(2) A fine of $250 is prescribed for all other violations of this Part 7.

§ 70-96 Other preventive and enforcement remedies authorized.

A. If deemed appropriate in the circumstances, the Floodplain Administrator may issue to a person or entity who/which has committed a violation of this Part 7, a plan as approved and/or an agreement an enforcement notice pursuant to Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, of the Code of the Township of Millcreek (Ordinance No. 2007-6), identifying the nature of the violation and providing time believed by the Administrator to be reasonable in the circumstances for remedy of the violation, prior to commencement of a civil enforcement action.

B. The Board of Supervisors and/or the Zoning Administrator shall not approve an application submitted by or on behalf of a person who is then in violation of any provision of this Part 7 or other ordinance, law or regulation pertaining to the subject or another approved development, until such time as said violations have been remedied.

C. In addition to other remedies authorized in this Part 7, the Second Class Township Code and other applicable law, the Township may institute and maintain appropriate actions by law or in equity to restrain, correct and/or abate violations, to prevent unlawful construction, to recover damages, fines and costs and to prevent unlawful construction or occupancy of any building, structure or premises.

D. The Board of Supervisors, itself or through its designated employee, officer or agent, may refuse to issue any permit, grant any approval and/or continue pending review of or action on a submitted plan application necessary to further improve or develop any real property which has been developed or resulted from a subdivision or development of any property in violation of any ordinance. This authority shall apply to any of the following:

(1) The record owner of the property at the time of such violation;

(2) The vendee, lessee or agent of the record owner of the property at the time of such violation, without regard to whether such vendee, lessee or agent had actual or constructive knowledge of the violation;

(3) The current record owner of the property who acquired the property subsequent to the time of violation without regard to whether such current owner has actual or constructive knowledge of the violation;

(4) The vendee, lessee or agent of the current record owner of the property who acquired the property subsequent to the violation without regard to whether such vendee, lessee or agent has actual or constructive knowledge of the violation.

(5) As an additional condition to issuance of a permit or the granting of an approval to any such owner, current owner, vendee, lessee or agent for the development of such real property, the Board of Supervisors, itself or through its designated enforcement personnel, may require compliance with the conditions that would have applied to the property at the time an applicant acquired an interest therein.

(6) The Board of Supervisors, itself or through the Floodplain Administrator, may upon finding that a violation of this Part 7 has occurred, issue by certified mail, return receipt requested, notice to the violator to cease and desist further violation and to remedy all cited violations by a date set forth in such notice. Pending remedy or cure of such violations, the Township may in its discretion suspend all reviews, inspections and other action pending which pertains to such plan or property.

(7) The Township Secretary, Township Engineer, Township Solicitor and/or the Floodplain Administrator are authorized to initiate and prosecute enforcement and preventive remedies authorized in this Part 7. The Board of Supervisors may designate other persons to undertake such actions if it deems such designation appropriate.

(8) Nothing contained in this article shall be construed or interpreted to grant to any person or entity other than Millcreek Township the right to undertake or commence any action for enforcement of the regulations in this Part 7.

(9) If the Board of Supervisors should determine that a violation poses unreasonable risk of harm to the public health, safety or property and the violation has not been remedied as directed, the Township may abate such violation and initiate proceedings to recover the cost from the violator.