It is the purpose of this article to prescribe the procedure
by which the administration of this chapter shall be followed. Nothing
contained within this article shall be interpreted as limiting the
adoption of administrative regulations that do not supersede required
stated procedures.
The duty of administering and enforcing the provisions of this
chapter is hereby conferred upon, first, the Zoning Officer and, secondly,
the Code Enforcement Officer, assistant code enforcement officers,
and municipal police officers, or other legally authorized Township
personnel, who shall have such powers as are conferred upon them by
this chapter or any other Township ordinance or according to law.
No permit of any kind as provided in this chapter shall be granted
for any purpose except in compliance with the provisions of this chapter
or upon the grant of a waiver by the Board of Supervisors or a decision
of the Zoning Hearing Board or the courts.
A. Complaints regarding violations. Whenever a violation of this chapter
occurs, or is alleged to have occurred, any person may file a written
or verbal complaint. Such complaint, stating fully the causes and
basis thereof, shall be filed with the Zoning Officer or other Township
personnel legally entrusted with the enforcement of this chapter,
who shall record such complaint, immediately investigate, and take
action as provided by this chapter.
B. Right of entry. The Zoning Officer or other legally designated representatives
of the Township may make inspections of all buildings, structures
and premises located within the Township to determine compliance with
the provisions of this chapter. Such inspections shall be made between
the hours of 9:00 a.m. and 8:00 p.m. on any day except Sunday and
legal holidays. All inspections shall be subject to the following
standards and conditions:
(1) An inspection may take place when a complaint has been received by
the Township pursuant to this article and such complaint, in the opinion
of the Zoning Officer or other legally designated Township personnel,
provides reasonable grounds for the belief that a violation exists;
or when such inspection is undertaken as part of a regular inspection
program whereby certain areas of the Township are being inspected
in their entirety.
(2) The Zoning Officer or other legally designated Township personnel
shall furnish to the owner, tenant or occupant of the building, structure
or premises sought to be inspected, upon his or her request, sufficient
identification and information to enable the owner, tenant or occupant
to determine the purpose of the inspection and verify that the person
is a representative of the Township.
(3) The Zoning Officer or other legally designated Township personnel
may apply to any court of competent jurisdiction for a search warrant
or other legal process for the purpose of securing entry to any premises
if the owner, tenant or occupant shall refuse to grant entry.
C. Notification of violation. If it is found by enforcement personnel
that any of the provisions of this chapter are being violated, including
violation of any conditions and safeguards established in connection
with grants of variances, special exceptions, temporary uses, or conditional
uses, he or she shall issue a written enforcement notice to the owner
of record of the parcel on which the violation has occurred, to any
person who has filed a written request to receive enforcement notices
regarding that parcel, and to any other person requested in writing
by the owner of record. Indication shall be given of the nature of
the violation and order the action necessary to correct it. He/she
shall order discontinuance of illegal uses of land, building or structure;
removal of illegal buildings and structures or additions, alterations
or structural changes thereto; discontinuance of any illegal work
being done; or shall take any other action authorized by this chapter
to ensure compliance with or prevent violation of its provisions.
The enforcement notice shall contain the following information:
(1) The name of the owner of record and any other person against whom
the Township intends to take action.
(2) The location of the property in violation.
(3) The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of the ordinance.
(4) The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5) That the recipient of the notice has the right to appeal to the Zoning
Hearing Board or the Board of Supervisors within a prescribed period
of time in accordance with procedures set forth in this chapter.
(6) That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board or Board of
Supervisors, constitutes a violation, with possible sanctions clearly
described.