[Ord. No. 5-2005, 10/11/2005]
1. Whenever the Zoning Officer or other authorized Township representative
determines that there are reasonable grounds to believe that there
has been a violation of any provision of this chapter, or of any regulation
adopted pursuant thereto, the Zoning Officer 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 as 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,
not to exceed 30 days from receipt of notice, and the date before
which the steps must be completed.
E. An outline of remedial action which, if taken, will effect compliance
with the provisions of this chapter, or any part thereof, and with
any regulations adopted pursuant thereto.
F. A statement indicating 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 elsewhere in this chapter.
G. A statement indicating 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. No. 5-2005, 10/11/2005]
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 or other Township
ordinance, code or regulation, the Board of Supervisors; or, with
the approval of the Board of Supervisors, an officer of the Township;
or any aggrieved owner or tenant of real property or person who 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 conducted,
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.
[Ord. No. 5-2005, 10/11/2005]
Magisterial District Judges shall have initial jurisdiction over proceedings brought under §
27-804.
[Ord. No. 5-2005, 10/11/2005]
1. Any person, partnership or corporation who or which as violated or
permitted the violation of the provision 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 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 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 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.
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 Part 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 this Part.