Township of Chestnuthill, PA
Monroe County
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Where any building or structure is erected, reconstructed, convened or maintained, or any building, structure or land is used in violation of this chapter, the Enforcement Officer may in the name of Chestnuthill Township:
Institute any appropriate action or proceedings to prevent such unlawful activity;
Restrain or abate such violation;
Prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
Where it appears to Chestnuthill Township that a violation of any provisions of this chapter has occurred, the Enforcement Officer shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
Recipients. The enforcement notice shall be sent to the owner of record 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.
Contents. The enforcement notice shall state the following:
The name of the owner of record and any other person against whom Chestnuthill Township intends to take action.
The location of the property in violation.
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the chapter.
The date before which the steps for compliance must be commenced and the date before which steps must be completed.
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 the chapter.
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.
Where the notice of violation is not complied with in the time period set forth in the notice, the Enforcement Officer shall order the discontinuance of such unlawful use of land, structure, or building involved in said violation.
Any person who shall violate the provisions of this chapter shall, upon conviction in a summary proceeding, be sentenced to pay a fine of not more than $500 plus all court costs, including reasonable attorney fees incurred by Chestnuthill Township as a result thereof. If the defendant neither pays nor timely appeals the judgment, Chestnuthill Township may enforce the judgment pursuant to applicable rules of civil procedure. Each day a violation continues constitutes 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 violating the chapter to have believed 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 Chestnuthill Township.
Any appeal from a decision or action of the Board of Supervisors or of any officer of Chestnuthill Township in matters pertaining to this chapter shall be made to the Zoning Hearing Board in the same manner and within the same time limitations as is provided for zoning appeals in Article IX of the Pennsylvania Municipalities Planning Code, as amended.[1]
Editor's Note: See 53 § 10901 et seq.