Inspection revealing noncompliance with plans
submitted under the provisions of this chapter, including conservation
plan measures for erosion and sedimentation control, shall be sufficient
grounds for withdrawal of building permits by the Township until correction
thereof, or other penalties or remedies, including injunctive relief,
as may be provided by law.
[Amended 11-2-1989 by Ord. No. 89-03]
A. Penalties.
(1) Any person, partnership or corporation who or which
has violated the provisions of this chapter shall, upon being found
liable therefor in a civil enforcement proceeding commenced by the
Township before the District Justice having jurisdiction, pay a judgment
of not more than $1,000, plus all court costs, including reasonable
attorney's fees incurred by the Township 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 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 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 ordinance 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.
[Amended 3-21-2002 by Ord. No. 02-01]
(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 to any person or entity, other than the Township,
the right to commence any action for enforcement pursuant to this
section.
B. Preventive remedies.
(1) In addition to other remedies, the Township 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 transferor from such penalties or from
the remedies herein provided.
(2) The Township 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 resulted from a subdivision
of 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 violation
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
C. As an additional condition for 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 Township
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.
Appeals from the actions of the Board of Supervisors
with respect to any application for subdivision or land development
approval shall be governed by the provisions of Act 247 as they may
be amended from time to time, or any successor legislation thereto.