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 the Township's
Zoning Ordinance, the Township Board of Supervisors or, with the approval
of the Township Board of Supervisors, an officer of the Township or
any aggrieved owner or tenant of real property who shows that his
or her property or person will be substantially affected by the alleged
violation, in addition to other remedies, may institute any appropriate
legal 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 Township Board of Supervisors. No such action
may be maintained until such notice has been given.
A.
If it appears to the Township a violation of the Zoning
Ordinance has occurred, the Township shall initiate enforcement proceedings
by sending an enforcement notice as provided in this section.
B.
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.
C.
The enforcement notice shall state at least the following:
(1)
The name of the 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 the chapter, and the steps which must be taken to correct the violation.
(4)
The date before which the steps for compliance must
be commenced and the date before which the steps must be completed.
(5)
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 in this chapter and 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 described herein.
A.
Any person, partnership or corporation who or which
has violated or permitted the violation of the provisions of the Township
Zoning Ordinance 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.
B.
No judgment shall commence or be imposed, levied or
payable until the date of the determination of a violation by the
District Justice.
C.
If the defendant neither pays nor timely appeals the
judgment, the Township may enforce the judgment pursuant to the applicable
rules of civil procedure.
D.
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.
E.
All judgments, costs and reasonable attorney fees
collected for the violation of the Zoning Ordinance shall be paid
over to the Township.
F.
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.
G.
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.
Charges for applications, permits, certificates,
etc., shall be as stated in resolutions adopted by the Township Board
of Supervisors, in accordance with applicable laws.
[Added 1-16-2020 by Ord. No. 662]
The occupation, use, improvement, or maintenance of any building, structure, or land in violation of any condition of approval concerning land development, subdivision, variances, special exceptions, or conditional uses imposed by the Board of Supervisors or the Zoning Hearing Board is prohibited and shall constitute a violation of this chapter. Such violation may be enforced by the Township or an affected property owner in accordance with the enforcement provisions set forth in Article VI of the Pennsylvania Municipalities Planning Code for zoning ordinance violations.
