Township of East Goshen, PA Amendments, Penalties and Appeals

Power to amend. The regulations set forth in this chapter may, from time to time, be amended by the Board of Supervisors.

Procedure. The following requirements shall be observed prior to making any amendment to this chapter.

(1)

Proposed amendments must be submitted to the appropriate Township boards and commissions for their recommendations.

(2)

The written recommendations of the reviewing Boards and Commissions shall be submitted to the Board of Supervisors. Failure to submit such reports within 45 days shall constitute approval.

(3)

Upon receipt of the reports of the boards and commissions, a public hearing pursuant to public notice on the proposed amendment shall be held, at which time the parties in interest and citizens shall have an opportunity to be heard.

Preventive remedies.

(1)

In addition to other remedies, the municipality 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 transferer from such penalties or from the remedies herein provided.

(2)

A municipality 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 been resulted from a subdivision or real property in violation of any ordinance adopted pursuant to this article. This authority to deny such a permit or approval shall apply to any of the following applicants:

(a)

The owner of record at the time of such violation.

(b)

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.

(c)

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.

(d)

The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violations without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.

(3)

As an additional condition for the 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 municipality 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.

Jurisdiction. District Justices shall have initial jurisdiction in proceedings brought under Subsection C.

Enforcement remedies.

(1)

Any person, partnership or corporation who or which has violated the provisions of any subdivision or land development ordinance enacted under this act or enabling laws shall, upon being found liable therefore in a civil enforcement proceeding commenced by the municipality, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the municipality 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 District Justice. If the defendant neither pays nor timely appeals the judgment, the municipality 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 District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the 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.

(2)

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.

(3)

Nothing contained in this section shall be construed or interpreted to grant any person or entity other than the municipality the right to commence any action for enforcement pursuant to this section.

[1]

Editor's Note: See 53 P.S. § 10101, the Pennsylvania Municipalities Planning Code.