The Board of Supervisors shall appoint an individual, agency or firm
to serve as the Enforcement Officer, who shall be responsible for enforcing
the terms of this chapter.
The Enforcement Officer, and any other agent so authorized by the Board
of Supervisors, may inspect any premises to determine whether any violations
of this chapter exist. Prior to entering upon any property to conduct an inspection,
the Enforcement Officer shall obtain the permission of the owner or occupant
for the same. If, after due diligence, the Enforcement Officer is unable to
obtain such permission, the Enforcement Officer shall have the authority to
conduct the necessary inspection in accord with this chapter and the applicable
laws of the commonwealth, and if necessary, petition a competent court with
jurisdiction for a court order authorizing the inspection. If, upon review
of petition, a court orders the inspection, the defendant named in the order
shall reimburse the Board of Supervisors for court cost and reasonable attorney
fees. The Enforcement Officer may, upon authorization of the Board of Supervisors,
consult with the Township Engineer or any other qualified person, in making
the determination regarding a violation.
Whenever an inspection discloses that a violation exists, the Enforcement
Officer shall, upon authorization by the Board of Supervisors, issue a notice
to the owner and/or occupant of the premises. The notice shall:
A.
Be in writing;
B.
Include a statement of the reasons it is being issued;
C.
State a reasonable time to rectify the conditions constituting
the violation, and may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter.
E.
Inform the owner that should he fail to comply with the
order or request a hearing, the Township Supervisors will order the correction
of the violation, and in accord with this chapter, will assess any and all
costs, expenses (including, but not limited to, constable, attorney, engineering
and consulting fees), and penalties incurred against the land on which the
violation is located.
Except in emergency cases, the notice shall be sent by registered mail
or by certificate of mailing, or personally delivered to, the owner, and/or
the occupant of the premises. Where the owner is absent from the Township,
all notices shall be deemed to be properly served upon the owner if:
A.
A copy of the notice is served upon the owner personally;
or
B.
A copy of the notice is sent by registered mail or by
certificate of mailing to the last known address of the owner, regardless
of receipt, and is posted in a conspicuous place on or about the premises
affected by the notice; or
C.
The owner is served with such notice by any other method
authorized under the laws of the commonwealth.
The Enforcement Officer shall appear at all hearings conducted in accord with Article IX and testify as to the violation.
B.
Whenever the Enforcement Officer finds that an emergency
exists which requires immediate action to protect the public health, welfare
or safety, he may, without notice or hearing, issue an order reciting the
existence of such an emergency and requiring that such action be taken as
is necessary to correct the violation and eliminate the emergency. Notwithstanding
the other provisions of this chapter, such order shall be effective immediately.
The costs of such emergency correction shall be collected in the same manner
as provided herein for other cases.
