In case any building or structure is erected,
constructed, reconstructed, altered, repaired, converted or maintained
or any building, structure or land is used or any hedge, tree, shrub
or other growth is maintained in violation of this chapter or any
regulations made pursuant thereto, the proper Township authorities,
in addition to other remedies provided by law, may institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
to restrain, correct or abate such violation, to prevent the use of
said building, structure or land or to prevent any illegal act, conduct,
business or use in or about such premises.
[Amended 6-5-1995 by Ord.
No. 95-01]
A. Any person, partnership or corporation who or which
has violated or permitted the violation of the provisions of this
chapter enacted under the 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. No judgment shall commence or
be imposed, levied or payable until the date of the determination
of a violation by the Magisterial District Judge. 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 Magisterial District Judge, determining that there has
been a violation, further determines that there was a good-faith basis
for the person, partnership or corporation 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 Magisterial District Judge, and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of this chapter
shall be paid over to the Township.
B. The Court of Common Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem fine pending
a final adjudication of the violation and judgment.
C. 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.