Township of Lower Swatara, PA ENFORCEMENT, AMENDMENTS, PENALTIES

[Ord. 284, 9/11/1985, § 1001; as amended by Ord. 348, 6/14/1989, § 8; and by Ord. 448, 11/15/2000]

The Board of Commissioners shall have the duty and authority for the administration and general enforcement of the provisions of this chapter as specified or implied herein. Officials of Lower Swatara Township having regulatory duties and authorities connected with or appurtenant to the subdivision, use or development of land shall have the duty and authority for the controlling enforcement of the provisions of this chapter as specified or implied herein or in other ordinances of the Township.

Permits required by Lower Swatara Township for the erection or alteration of buildings, the installation of sewers or sewage disposal systems, or for any other appurtenant improvements to or use of the land, shall not be issued by any Township official responsible for such issuance until it has been ascertained that the site for such buildings, alteration, improvement or use is contained in a subdivision or land development plat approved and publicly recorded in accordance with the provisions of this chapter. Such permits shall be issued only after it has been determined that the site for such building, alteration, improvement or use conforms to the site description as indicated by the approved and recorded final plat or other land description acceptable in accordance with the provisions of this chapter and that it is in compliance with all applicable provisions of this chapter. The authority to deny such a permit or approval shall apply to any of the following applicants:

The owner of record at the time of such violation.

The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.

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.

The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.

An additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Township may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.

The Township's Code Enforcement Officer shall require that the sewage module and applicants for sewage disposal system permits contain all the information necessary to ascertain that the site for the proposed system is acceptable in accordance with the provisions of this chapter, the rules and regulations of the Department Environmental Protection and the provisions of other applicable ordinances of the Township.

The approval of a subdivision and/or land development plat or of any improvement installed or the granting of a permit for the erection and/or use of a building or land therein shall not constitute a representation, guarantee, or warranty of any kind or nature by the Township or any official, employee or appointee thereof, of the safety of any land, improvement, property or use from any cause whatsoever, and shall create no liability upon, or a cause of action against the Township or such official, employee or appointee for any damage that may result pursuant thereto.

In addition to other remedies, the Township may institute and maintain appropriate actions by law or in equity to restore, 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 document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.

[Ord. 284, 9/11/1985, § 1003; as amended by Ord. 348, 6/14/1989, § 9]

Any person, partnership or corporation who or which has violated 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 reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of 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 the Magisterial District Judge 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 Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation.

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.

Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.