[Ord. 168, 7/10/1978; as added by Ord. 260, 3/11/1996, § 27-1001]
In case any building, structure, landscaping
or land is, or is proposed to be, erected, constructed, reconstructed,
altered, converted, maintained or used in violation of this chapter,
the Board of Commissioners or, with the approval of the Board of Commissioners,
an officer of the Township, 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 Commissioners.
No such action may be maintained until such notice has been given.
[Ord. 168, 7/10/1978; as added by Ord. 260, 3/11/1996, § 27-1002]
1. If it appears to the Township that a violation of
this chapter 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 that 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 Township 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 this chapter.
D. The date before which the steps for compliance must
be commenced and the date before which the steps must be completed.
E. The recipient of the notice has the right to appeal
to the Zoning Hearing Board within a period of 10 days.
F. That failure to comply with the notice within the
time specified, unless extended by appeal to the Zoning Hearing Board,
constitutes a violation, with possible sanctions clearly described.
[Ord. 168, 7/10/1978; as added by Ord. 260, 3/11/1996, § 27-1003; and as amended by Ord. 2016-01, 3/14/2016]
1. Any person, partnership or corporation who or which
has violated or permitted the violation of 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 the 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 5th 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.
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 to any person or entity other than the Township
the right to commence any action for enforcement pursuant to this
section.
4. Magisterial district judge shall have initial jurisdiction
over proceedings brought under this section.