It shall be the duty of the Township Manager,
Township Engineer, Code Enforcement Officer, Township Inspector, and/or
any other such duly authorized representative of the Board of Supervisors
to enforce the provisions of this chapter. Said enforcement officers
shall require that the application for a building permit contain all
information necessary to enable them to ascertain whether the proposed
building, alteration, or use is located in an approved subdivision
or land development. No building permit shall be issued until the
enforcement officers have certified that the site for the proposed
building, alteration or use complies with all the provisions of this
chapter and conforms to the site description as indicated on the approved
and recorded final plat.
Failure to comply with the provisions of this
chapter or of any rules or regulations promulgated from time to time
by the Board of Supervisors shall be a violation of this chapter.
A.
In addition to other remedies, the Township may institute
and maintain appropriate actions by law or in equity to restrain,
correct or abate violations, to prevent unlawful construction, to
recover damages and to prevent illegal occupancy of a building, structure
or premises. The description by metes and bounds in the instrument
of transfer or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
B.
The Township may refuse to issue any permit or grant
any approval necessary to further improve or develop any real property
which has been developed or which has resulted from a subdivision
of real property in violation of this chapter. This authority to deny
such a permit or approval shall apply to any of the following applicants:
(1)
The owner of record at the time of such violation.
(2)
The vendee or lessee of the owner of record at the
time of such violation without regard as to whether such vendee or
lessee had actual or constructive knowledge of the violation.
(3)
The current owner of record who acquired the property
subsequent to the time of violation without regard as to whether such
current owner had actual or constructive knowledge of the violation.
(4)
The vendee or lessee of the current owner of record
who acquired the property subsequent to the time of violation without
regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
C.
As an additional condition for issuance of a permit
or the granting of an approval to any such owner, current owner, vendee
or lessee for the development of any such real property, the Township
may require compliance with the conditions that would have been applicable
to the property at the time the applicant acquired an interest in
such real property.
Magisterial District Judges shall have initial
jurisdiction in proceedings brought under this chapter.
A.
Any person, partnership or corporation who or which
has violated 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 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 Magisterial District Judge and thereafter each day that a violation
continues shall constitute a separate violation:
B.
The Court of Common Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem judgment
pending a final adjudication of the violation and judgment.
C.
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.
In any case where a provision of this chapter
is found to be in conflict with the provision of a zoning, building,
fire, safety or health ordinance or code of this Township or law rule
or regulation of the Commonwealth of Pennsylvania, the provision which
establishes the higher standard for the promotion and protection of
the health and safety of the people shall prevail.
It is intended that in interpreting and applying
the provisions of this chapter, the provisions shall be deemed to
be the minimum requirements for the promotion of the health, safety,
morals, and general welfare of the Township. It is not intended that
the provisions of this chapter will interfere with or abrogate or
annul other rules, regulations or ordinances of the Township; provided,
however, that where this chapter imposes a greater restriction upon
the use of buildings or premises, or requires larger open spaces than
may be imposed by such other rules, regulations or ordinances, the
provisions of this chapter shall control.[1]
