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109.3 Organization: The Board of Supervisors shall appoint
such other officers, technical assistants, inspectors and other employees
as shall be necessary for the administration of this code.
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113.5 Change in site plan: A lot shall not be changed,
increased or diminished in area from that shown on the official plot site
plan, unless a revised subdivision plan has been finally approved by the agency
having authority to approve subdivision and land development plans and such
approved final plan has been recorded in the office of the Recorder of Deeds
for Lancaster County.
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114.3.1 Fee schedule: Applicants for permits under this
code shall pay to the Township of Brecknock at the time of application the
fee set forth in the then-current fee schedule which shall have been adopted
by resolution or ordinance by the Board of Supervisors.[1] When a permit fee is based on the cost of construction, the valuation
of the work shall be the fair market value of all the construction work. The
Code Official shall evaluate the accuracy of the estimate both initially and
at the final completion should changes occur as the work progresses. Other
applicable fees for construction, including tapping and connection fees for
water and sewer service, shall be paid prior to application for a building
permit.
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114.4 Accounting: All the fees collected shall be received
and accounted for by the Township Secretary. Such fees shall be deposited
in the Township Treasury or otherwise handled as required by law.
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SECTION 117.0 VIOLATIONS
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117.1 Unlawful acts: It shall be unlawful for any person,
firm or corporation to erect, construct, alter, extend, repair, remove, demolish,
use or occupy or permit the use or occupancy of any building or structure
or equipment regulated by this code, or cause the same to be done, in conflict
with or in violation of this code.
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117.2 Notice of violation: The Code Official shall serve
a notice of violation on any person responsible for the erection, construction,
alteration, extension, repair, removal, demolition, use, permission to use,
occupancy, or permission for occupancy of a building or structure or equipment
in violation of the provisions of this code, or in violation of a detailed
statement or a plan approved thereunder, or in violation of a permit or certificate
issued under the provisions of this code. Such notice shall order discontinuance
of the illegal action or condition and the abatement of the violation.
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117.3 Prosecution of violation: If the notice of violation
is not complied with promptly, the Code Official shall notify the Board of
Supervisors of the failure to comply and shall request the Board of Supervisors
to authorize institution of summary criminal proceedings against the violator
and/or authorize the Township Solicitor to institute the appropriate proceedings
at law or in equity to restrain, correct or abate such violation or to require
the removal or termination of the unlawful use of the building or structure
in violation of the provisions of this code or of the order or direction made
pursuant thereto.
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117.4 Violation penalties: Any person who shall violate
a provision of this code or who shall fail to comply with any of the requirements
thereof or who shall erect, construct, alter, extend, repair, remove, demolish,
use or occupy, or permit the use or occupancy of, any building or structure
or equipment regulated by this code in violation of an approved plan or of
a directive of the Code Official or of a permit or certificate issued under
the provisions of this code or who shall permit the use, occupancy, erection,
construction, alteration, extension, removal, demolition or repair of the
building or structure or equipment in violation thereof shall, upon summary
conviction, be liable to pay a fine or penalty of not less than one hundred
dollars ($100.) nor more than one thousand dollars ($1,000.), which fines
and penalties may be collected as provided by law. Each day that a violation
continues shall be deemed a separate offense.
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117.5 Abatement of violation: The imposition
of the penalties herein prescribed shall not preclude the Township Solicitor
or the Code Official from instituting appropriate action to prevent the unlawful
construction or to restrain, correct or abate a violation, or to prevent illegal
occupancy of a building, structure or premises or to stop an illegal act,
conduct, business or use of a building or structure on or about any premises.
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118.2 Unlawful continuance: Any person who shall continue
any work in or about the structure after having been served with a stop-work
order, except such work as that person is directed to perform to remove a
violation or unsafe conditions, shall commit a violation of this code and
shall be subject to penalties or fines as provided in Section 117.4 and remedies
as provided in Section 117.5.
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120.6 Disregard of unsafe notices: Upon refusal or neglect
of the person served with an unsafe notice to comply with the requirements
of the order to abate the unsafe condition, the Township Solicitor shall be
advised of all the facts and shall, upon the direction of the Board of Supervisors,
institute appropriate action to compel compliance.
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121.5 Costs of emergency repairs: Costs incurred in the
performance of emergency work shall be paid from the Township Treasury on
certificate of the Code Official. The Township Solicitor shall file a municipal
claim against the property where the repairs were performed and may, upon
direction of the Board of Supervisors, institute any other appropriate action
against the owner of the property for the recovery of such costs.
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SECTION 124.0 APPEALS
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124.1 Appeals: An appeal from any decision of the Code
Official may be taken to the Board of Supervisors. Such appeal shall be made
in writing within ten (10) days after such decision has been made. The appeal
shall be verified by an affidavit and shall be filed with the Township Secretary.
The appellant or his representative shall have the right to appear and be
heard, if such right is requested in the written appeal. A prompt decision
of such appeal shall be made by the Board of Supervisors. In making a decision,
the Board of Supervisors may vary or modify any provision of this code where
there are practical difficulties in the way of executing the strict letter
of the law so that the spirit of the law shall be observed, public safety
secured and substantial justice done. Such variation or modification shall
be minimum necessary in order to grant relief. Every action of the Board of
Supervisors on such appeal shall be by resolution, copies of which shall be
certified to the Code Official and the appellant.
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