The provisions of this Zoning Chapter shall
be administered and enforced by an agent, to be appointed by and serve
at the pleasure of the Board of Supervisors, who shall be known as
the "Zoning Officer." The Zoning Officer shall not hold any elective
office in the Township. The Zoning Officer shall administer this chapter
in accordance with its literal terms and shall not have the power
to permit any construction or use which does not conform to this Zoning
Chapter and all other applicable Township ordinances and applicable
statutes and regulations. The Zoning Officer may be provided with
assistance of such persons as the Board of Supervisors may direct,
and the compensation of the Zoning Officer shall be determined by
the Board of Supervisors.
The Zoning Officer shall have all of the duties
and powers conferred upon him by this chapter and the Municipalities
Planning Code. The duties of the Zoning Officer shall include but not
be limited to:
A. Applications and permits. The Zoning Officer shall
receive, examine and process all applications for zoning permits and/or
certificates of use and occupancy for the erection, construction,
development, alteration, repair, extension, replacement, relocation,
conversion, use, change of use and/or occupancy of land, buildings,
structures, signs and/or landscaping in the Township. The Zoning Officer
shall record and file all applications for permits and accompanying
plans and documents and keep them for public record.
[Amended 4-12-2005 by Ord. No. 151]
(1) The Zoning Officer shall be appointed as Floodplain Administrator
as identified in the Brecknock Township Floodplain Management Ordinance.
[Added 3-8-2016 by Ord.
No. 209-2016]
B. Inspections. The Zoning Officer may, and if requested
by the Board of Supervisors or the permit holder shall, make at least
one inspection during the progress of the work for which a zoning
permit has been issued. Upon completion of the work and before issuance
of a certificate of use and occupancy, he shall make a final inspection
of the property to assure compliance with all provisions of this Zoning
Chapter and all other applicable Township ordinances and applicable
statutes and regulations. Violations of approved plans or permits
shall be noted, and the Zoning Officer shall notify the holder of
the permit of all discrepancies.
C. Complaints regarding violations. The Zoning Officer
may, and when in receipt of a signed written complaint stating fully
the cause and basis thereof shall, investigate alleged violations
of this Zoning Chapter. If a signed written complaint is received,
said investigation shall be completed within 15 days of the receipt
of said complaint. A written report of all investigations of alleged
violations of this Zoning Chapter shall be prepared and properly filed,
and a copy shall be sent to the Board of Supervisors. If, after investigation,
the Zoning Officer determines that a violation has occurred, he shall
take action as provided this Zoning Chapter.
D. Official records. It shall be the duty of the Zoning
Officer to maintain and be responsible for all pertinent records on
zoning matters in the Township. These records shall include but not
be limited to all applications received, copies of all permits and
certificates issued, copies of orders and findings of the Zoning Hearing
Board, written complaints of alleged violations, records of all inspections
made, a current copy of this Zoning Chapter and all amending ordinances,
a copy of the current Official Zoning Map and all other pertinent information. The records of the
Zoning Officer shall be available for the use of the Township government
and inspection by any interested party during normal office hours.
The Zoning Officer shall submit to the Board of Supervisors a written
report of all zoning permits and certificates of use and occupancy
issued and all notices of violations and stop-work orders issued or
recommended as requested by the Board of Supervisors.
E. Nonconforming uses, structures and lots. The Zoning
Officer may inspect nonconforming uses, structures and lots and keep
a record of such nonconforming uses, structures and lots as a public
record.
F. Presentation of evidence and testimony. Upon the request
of the Board of Supervisors or the Zoning Hearing Board, the Zoning
Officer shall present to such bodies facts, records and any similar
information on specific requests to assist such bodies in reaching
their decisions.
G. Enforcement. The Zoning Officer shall enforce the provisions of this Zoning Chapter in accordance with §§
110-95 and
110-96 herein.
The construction, excavation, alteration, maintenance
or use of any structure, building, sign, land or landscaping or the
change of use, area of use, percentage of use or displacement of the
use of any structure, building, sign, land or landscaping without
first obtaining a zoning permit; or the use of any building, structure,
sign or land without receipt of a certificate of use and occupancy;
or the use or maintenance of any building, structure, sign or land
for a use or in a manner which is not in accordance with the provisions
of this chapter; or the use of property for a use different from that
set forth in any zoning permit or certificate of use and occupancy
which has been granted for the property without applying for and being
granted a zoning permit and certificate of use and occupancy for such
new or different use; or the failure to comply with any other provision
of this chapter; or the violation of any conditions imposed upon the
grant of a special exception, variance or appeal by the Zoning Hearing
Board or a conditional use by the Board of Supervisors or by a court
of competent jurisdiction if a special exception, variance, appeal
or conditional use is granted by such court are hereby declared to
be violations of this Zoning Chapter.
If it appears to the Zoning Officer that a violation
of this chapter shall exist, the Zoning Officer shall send an enforcement
notice (also known as a "notice of violation and cease and desist
order") to the owner of record of the lot on which the violation has
occurred, to any person who has filed a written request to receive
enforcement notices regarding that lot, to any other person requested
in writing by the owner of record and to any person against whom the
Township may bring an enforcement action. The enforcement notice shall
contain the name of the owner of record and any other persons against
whom the Township may 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 this chapter, the date before which steps for compliance must be
commenced and that date before which the steps must be completed,
that the recipient of the enforcement notice has the right to appeal
to the Zoning Hearing Board within 30 days and that a failure to comply
with the notice within the time specified, unless extended by an appeal
to the Zoning Hearing Board, constitutes a violation with sanctions
as provided in this chapter.
If the enforcement notice is not complied with
promptly, the Zoning Officer shall notify the Board of Supervisors.
The Board of Supervisors may request the Township Solicitor to institute
in the name of the Township any appropriate action or proceeding at
law or in equity to prevent, restrain, correct or abate such violation
or to require the removal or termination of the unlawful use of the
structure, building, sign, landscaping or land in violation of the
provisions of this chapter or the order or direction made pursuant
thereto. The Board of Supervisors may also direct the Zoning Officer
or Township Solicitor to institute a civil enforcement proceeding
before a District Justice.
Any person who has violated or permitted the
violation of 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 the reasonable attorneys' fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied
or be payable until the date of the determination of a violation by
the District Justice. 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 a District Justice determining
that there has been a violation further determines that there was
a good faith basis for the person violating this chapter 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. All judgments, costs and reasonable attorneys'
fees collected for the violation of this chapter shall be paid over
to the Township for the general use of the Township.
In case any building, structure, sign or landscaping
is erected, constructed, reconstructed, altered, repaired, converted
or maintained; or any building, structure, sign or land is used; or
any hedge, shrub, tree or other growth is maintained in violation
of this chapter or of any of the regulations made pursuant thereto,
or any of the permits or certificates of use and occupancy issued
under this chapter, or any conditions imposed upon the grant of a
special exception or variance by the Zoning Hearing Board, or upon
the grant of a conditional use by the Board of Supervisors, then in
addition to any other remedies provided by law, any appropriate action
or proceeding may be instituted or taken to prevent or restrain such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use or to prevent any illegal act, conduct,
business or use in and about such premises.