In the event that any improvements which may be required
have not been installed as provided in this chapter or in accord with
the approved final plat, the Board of Commissioners is hereby granted
the power to enforce any corporate bond or other security by appropriate
legal and equitable remedies.
If the proceeds of such bond or other security are
insufficient to pay the cost of installing or making repairs or corrections
to all improvements covered by said security, the Board of Commissioner
may, at its option, install part of such improvements in all or part
of the subdivision or land development and may institute appropriate
legal or equitable action to recover the moneys necessary to complete
the remainder of the improvements, together with all court costs and
attorney fees.
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 of selling or transferring shall not
exempt the seller or transferrer from such penalties or from the remedies
herein provided.
The township, through its designated officials, 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 this
chapter.
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.
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.
The subdivider or developer for 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.
Compliance with conditions. 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 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.
District Justices shall have initial jurisdiction in enforcement proceedings brought under § 146-49.
Written notice of violation. Upon discovery of noncompliance
with the provisions of this chapter, the Township Engineer, Zoning
Official or Code Enforcement Official may issue a written stop-work/cease-and-desist
order to the applicant, owner and subdivider/land developer, indicating
that a violation has occurred. Such order shall be sent by certified
mail to the last known address of the parties cited above and shall
contain the following:
Filing of violation. Upon failure of the appropriate
parties to comply with the provisions of this chapter under a stop-work/cease-and-desist
order, the Code Enforcement Official, Township Zoning Official or
Township Engineer may issue a citation for civil proceedings with
the District Justice.
Exception. When, in the opinion of the Township Engineer
or Zoning Official, the violation is of such magnitude as to endanger
the public health, safety and welfare or if time is of the essence
in abating such endangerment, a verbal order may be issued to achieve
compliance with the provisions of this chapter.
Penalties. Any person, partnership or corporation
who or which has violated the provisions of this chapter, enacted
under the current Municipalities Planning Code or prior enabling laws,
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 reasonable attorney fees incurred by the
township as a result thereof.