[Ord. 2002-06, 11/11/2002, § 2101; as amended by Ord. 2010-01, 3/23/2010]
1.
Application.
A.
Hereafter, no land shall be used or occupied, and no building or structure shall be created, altered, used, or occupied, except in conformity with the regulations herein established for the district in which such land, building or structure is located, as well as all other applicable statutes.
B.
In case of mixed occupancy, the regulations for each use shall apply to that portion of the building or land so used.
2.
Administration.
A.
Appointment of Zoning Officer. There shall be a Zoning Officer who shall be appointed by the Board of Supervisors and whose duty shall be and is hereby given the power and authority to enforce the provisions of this chapter.
B.
Duties. The duties of the Zoning Officer shall be:
(1)
To examine all applications for permits required by this chapter.
(2)
To issue permits only for construction and uses which are in accordance with the regulations of this chapter, and as may be subsequently amended.
(3)
To record and fill all applications for permits and accompanying plans and documents, and keep them for public record.
(4)
To issue permits for uses by special exception and variances only after such uses and buildings are ordered by the Zoning Hearing Board in accordance with the regulations of this chapter, or court of competent jurisdiction, subject to any stipulations contained in such order.
(5)
To inspect nonconforming uses, buildings, and lots upon application of a landowner to register a lawful nonconforming use, structure, and lot. If, upon investigation, a Zoning Officer is satisfied of the lawfulness of such nonconforming use, structure, or lot, the Zoning Officer shall keep a filed record of such nonconforming use, structure, or lot, together with the reasons why such use, structure, or lot was identified as a nonconformity as a public record, and shall examine all nonconforming uses, structures, or lots periodically.
(6)
Upon the request of the Board of Supervisors or the Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests to assist such bodies in reaching its decision.
(7)
To be responsible for keeping this chapter and the Zoning Map up-to-date, filed with the Township Secretary, and to include any amendments thereto.
(8)
To be responsible for the administration of the National Flood Insurance Program in East Fallowfield Township and, specifically, in those areas where records must be maintained relative to the types of land use permitted and occurring within the floodplain district, variances issued, base flood elevations, elevation of lowest floor, including basement, the elevation to which the structure is floodproofed and other administrative functions necessary for participation in the National Flood Program.
(9)
To notify, in riverine situations, adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Administrator.
(10)
To assure that flood-carrying capacity within the altered or relocated portions of any watercourse is maintained.
(11)
To be responsible for insuring that applicable provisions included in all other codes, ordinances, and regulations are applied insofar as they are consistent with the Township's needs to minimize the hazard and damage which may result from flooding.
3.
Enforcement.
A.
Enforcement Notice. An 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. The enforcement notice shall state at least the following:
(1)
The name of 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 this chapter.
(4)
The date before which the steps for compliance must be commenced; and the date before which steps must be completed.
(5)
That the recipient of the notice has a right to appeal to the Zoning Hearing Board within the procedures set forth in the chapter.
(6)
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 as follows:
B.
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 any ordinance enacted under Act 247, 53 P.S. § 10101 et seq., or prior enabling laws, the Board of Supervisors, or, with the approval of the Board, 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 Supervisors. No such action may be maintained until such notice has been given.
C.
Repeat violation of an initial notification as to violation of a chapter provision shall result in the fines, as provided in Subsection 3E below.
D.
Complaints Regarding Violations. When a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Officer. The Zoning Officer shall record properly such complaint, investigate and take action thereon, as provided by this chapter.
E.
Enforcement Remedies. Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of this chapter enacted, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, must pay a judgment of not less than $100, nor 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 be 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 the 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. All judgments, costs, and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township of East Fallowfield.
(1)
The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the pier diem fine pending a final adjudication of the violation and judgment.
(2)
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.
F.
Causes of Action. In the case where any building, structure, or use of land is erected, constructed, reconstructed, altered, repaired, demolished, converted, used, or maintained, in violation of this chapter, the Board or any aggrieved owner or tenant of real property who shows that his property will be substantially affected by the alleged violations, may institute an appropriate action to prevent, to restrain, correct, or abate such violation, or to prevent 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. No such action may be maintained until such notice has been given.