The provisions of this chapter shall be enforced by an agent, to be appointed by the Board of Supervisors, who shall be known as the Zoning Officer. He/she shall receive such fees or compensation as approved by resolution of the Board of Supervisors. The Zoning Officer shall not hold any elective office within the Township. No zoning permit or certificate of zoning compliance shall be granted by him/her for any purpose, except in compliance with the literal provisions of this chapter. The Zoning Officer is authorized to institute civil enforcement proceedings as a means of enforcement when acting within his/her scope of employment;
A.
Duties and responsibilities. The duties and the responsibilities of the Zoning Officer shall be:
(1)
Process applications. To receive, examine and process all zoning permit and certificate of zoning compliance applications as provided by the terms of this chapter. The Zoning Officer shall also issue zoning permits for special exception and conditional uses, or for variances after the same have been approved.
(2)
Maintain official records. To maintain and be responsible for all pertinent records on zoning matters in the Township. These records shall include, but not be limited to, all applications received, copies of all zoning permits and certificate of zoning compliance issued, copies of orders and findings of the Zoning Hearing Board, written complaints of alleged violations, records of all inspections made, a current copy of this chapter, and all amending ordinances, the Official Zoning Map, and all other pertinent information. To the extent required by law, the records of this office shall be available for the use of the Township government and for inspection of any interested party during normal office hours. The Zoning Officer shall at least annually submit to the Board of Supervisors a written statement of all permits and certificate of zoning compliance issued and violations and stop-work orders recommended or promulgated.
(3)
Inspections. Before issuing any zoning permit or certificate of zoning compliance at his/her discretion, to inspect or cause to be inspected all buildings, structures, signs, or land and portions thereof for which an application has been filed for a zoning permit or a certificate of zoning compliance. Thereafter, he/she may make such inspections during the completion of the work for which a zoning permit has been issued. Upon completion of such work and before issuing a certificate of zoning compliance, a final inspection shall be made and all violations of the approved plans or zoning permit shall be noted and the holder of the zoning permit shall be notified of the discrepancies.
(4)
Inspect and/or register nonconformities. Upon request by a landowner and/or the direction of the Board of Supervisors, to inspect nonconforming uses, structures and lots, and to keep a filed record of such nonconforming uses and structures, together with the reasons why the Zoning Officer identified them as nonconformities, as a public record and to examine them periodically, with the view of eliminating the nonconforming uses under the existing laws and regulations.
(5)
Assist local officials. 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 their decisions.
(6)
Maintain up-to-date ordinance. To be responsible for keeping this chapter and the Official Zoning Map up-to-date, including any amendments thereto;
(7)
Floodplain variance reporting. Upon the granting by the Zoning Hearing Board of a variance pertaining to Chapter 92 (Floodplain Management) of the Code of Dickinson Township, the Zoning Officer shall notify the applicant in writing within 15 days that:
(8)
Floodplain report to DCED. Upon the approval by the Zoning Hearing Board of a special exception, or upon the approval of a conditional use by the Board of Supervisors for development located within a floodplain as regulated by Chapter 92 (Floodplain Management) of the Code of Dickinson Township, to send written notice of the approval by registered mail to the Pennsylvania Department of Community and Economic Development.
(9)
Biannual report to FIA. To remain eligible for the National Flood Insurance Program, the Zoning Officer shall submit a biannual report to the Federal Insurance Administration concerning the status of the Program in the Township (the report form shall be provided by the Federal Insurance Administration).
(11)
Investigate complaints. When in receipt of a written non-anonymous complaint stating fully the cause and basis thereof, to investigate alleged violations of this chapter. Said investigation shall be completed within 30 days of said complaint. A written report of all investigations of this chapter shall be prepared and filed by the Zoning Officer. If after the investigation the Zoning Officer determines that a violation has occurred, he/she shall take action as provided for by this chapter.
(12)
Prosecute violations. To institute civil enforcement proceedings as a means of enforcement when anyone undertakes deliberate actions that are contrary to the terms of the ordinance, and any conditions placed upon the approval of special exceptions, variances and conditional uses or any other approvals authorized under this chapter.
B.
Violations. Failure to secure a zoning permit prior to a change in use of land or structure, or the erection, construction or alteration of any structure or portion thereof, shall be a violation of this chapter. Failure to obtain a certificate of zoning compliance in accordance with the requirements of § 205-159 of this chapter shall be a violation of this chapter. It shall also be a violation of this chapter to undertake other deliberate actions which are contrary to the terms of the ordinance, and any conditions placed upon the approval of special exceptions, variances and conditional uses. Each day that a violation is continued shall constitute a separate offense.
C.
Enforcement notice. 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 the following:
(1)
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.
(2)
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 that 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 Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth under § 205-151E of this chapter.
(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.
D.
Enforcement remedies. Any person, partnership or corporation who, or which, has violated or permitted the violation of the provisions of this chapter enacted under the Act, or prior enabling laws, 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 be 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 chapter shall be paid over to the Township.
E.
Causes of action. 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 enacted under the Act, or prior enabling laws, the governing body or, with the approval of the governing body, an officer of the municipality, or any aggrieved owner or tenant of real property who shows that his/her property or person will be substantially affected by the alleged violations, 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 municipality at least 30 days prior to the time the action is begun, by serving a copy of the complaint on the governing body of the municipality. No such action may be maintained until such notice has been given.