[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A.
Jurisdiction. Unless otherwise provided by law or in this Ordinance,
no building or structure shall be constructed, erected, or extended,
and no building, structure, or land shall be used or occupied, except
for the purposes permitted herein.
B.
Enforcement Action.
1.
If it appears to the Township that a violation of this Zoning
Ordinance has occurred, the Township shall initiate enforcement proceedings
by sending an enforcement notice as provided in this Section.
2.
The enforcement notice shall be sent 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
the parcel, and to any other person requested in writing by the owner
of record.
3.
An enforcement notice shall state at least the following:
a.
The name of the owner of record and any other person against
whom the municipality intends to take action.
b.
The location of the property in violation.
c.
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of the ordinance.
d.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
e.
That the recipient of the notice has the right to appeal to
the Local Zoning Hearing Board within a prescribed period of time
in accordance with procedures set forth in this Ordinance.
f.
That failure to comply with the notice within the time specified,
unless extended by appeal to the Local Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
C.
Causes of Action. In case any building, structure, landscaping or
land is, or is proposed to be, enacted, constructed, reconstructed,
altered, converted, maintained or used in violation of this Ordinance,
the Board of Supervisors, or, with the approval of the Board of Supervisors,
the Township Zoning Officer, 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 Township at least 30 days prior to the time the action is begun
by serving a copy of the complaint on the Board of Supervisors of
the Township. No such action may be maintained until such notice has
been given.
D.
Jurisdiction. District Justices shall have initial jurisdiction over
proceedings brought under § 1700.E.
E.
Enforcement Remedies.
1.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this zoning ordinance
shall, upon being found liable therefore in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $500 plus
all court costs, including reasonable attorneys fees incurred by the
Township 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 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 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 the ordinance 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 zoning ordinance
shall be paid over to the Township in which the violation occurred.
2.
The Court of Common Pleas, upon petition, may grant an Order
of Stay, upon cause shown, tolling the per diem fine pending a final
adjudication of the violation and judgment.
3.
Nothing contained in this Section shall be construed or interpreted
to grant any person or entity other than the Township the right to
commence any action for enforcement pursuant to the section.
