A.
The regulations, restrictions, boundaries, and requirements
set forth in this chapter may be amended, supplemented, changed, or
repealed, through amendment by the Board of Supervisors, from time
to time.
B.
This chapter may be amended in accordance with the
applicable procedures of the Pennsylvania Municipalities Code, as
amended.
C.
In the event any owner or owners of property petition
for supplementing or changing the district boundaries or regulations
established in this chapter, the Zoning Officer shall collect fees
prior to such petition being heard by the Board of Supervisors, as
established by the Board of Supervisors, for the payment of the costs
of advertising the notice of hearing in such case and the cost of
preparation of the proposed amendment.
A.
The Board of Supervisors shall determine a schedule
of fees, charges and expenses, as well as a collection procedure for
permits, variances, conditional uses, amendments, and other matters
pertaining to this chapter.
B.
The Township shall charge fees for the issuance of
building permits, sign permits, occupancy permits, and other permits.
C.
All fees shall be paid to the Township.
D.
The Zoning Officer shall keep on file in his office
a record of all permits.
E.
The Board of Supervisors shall be empowered to reevaluate
the fee schedule from time to time to make necessary alterations to
it. The governing body may increase the amount of any filing fee,
by resolution, based upon actual cost and expense to the Township.
Such alterations shall not be considered an amendment to this chapter,
and may be adopted at any public meeting by resolution.
A.
The Zoning Officer shall have the power to institute
civil enforcement proceedings as a means of enforcement when acting
within the scope of his/her employment. If the Zoning Officer shall
find that any of the provisions of this chapter are being violated,
the Zoning Officer shall issue a written enforcement notice to the
person responsible for such violation.
B.
Written notification of violations of this chapter
and actions to be taken to enforce the provisions of this chapter
shall be provided in accordance with the applicable notification procedures
set forth in the Pennsylvania Municipalities Planning Code, or other
applicable law.
C.
The enforcement notice shall contain the following
information:
(1)
The name of the owner of record and any other person
against whom the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements,
which have not been met, citing in each instance the applicable provision
of this chapter.
(4)
The date before which the steps for compliance must
be commenced and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to
appeal to the Zoning Hearing Board within a prescribed period of time
in accordance with the procedures set forth in this chapter.
(6)
That failure to comply with the notice within the
time specified, unless extended by appeal to the Zoning Hearing Board,
constitutes a violation, with possible sanctions clearly described.
D.
Any person receiving notification of a violation of
this chapter may appeal to the Zoning Hearing Board by filing a written
notice of appeal on or before the expiration of 30 days from the date
of mailing of the notice.
A.
Any person, partnership or corporation who or which
has violated or permitted the violation of the provisions of this
chapter shall, upon being found liable thereof 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.
B.
No judgment shall commence or be imposed, levied or
be payable until the date of the determination of a violation by the
District Justice.
C.
If the defendant neither pays nor timely appeals the
Judgment, the Township may enforce the judgment pursuant to the applicable
rules of civil procedure.
D.
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 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 attorney fees collected for the violation of this chapter
shall be paid over to the Township.
E.
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.
F.
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.
G.
Violations and penalties; heliports.
(2)
In addition, in case any building, structure, landscaping
or land is, or is proposed to be, erected, constructed, reconstructed,
altered, converted, maintained or used in violation of this section,
the Board of Supervisors or, with the approval of the Board of Supervisors,
an officer of the Township, in addition to other remedies, may institute
any appropriate action or proceeding to prevent, restrain, correct
or abate such building, structure, landscaping or land, or to prevent,
in or about such premises, any act, conduct or business or use constituting
a violation.
In case any building, land, structure, landscaping
or land is, or is proposed to be, erected, constructed, reconstructed,
altered, converted, maintained or used in violation of this chapter,
the Board of Supervisors or, with the approval of the Board of Supervisors,
an officer of the Township, in addition to other remedies, may institute
any appropriate action or proceeding to prevent, restrain, correct
or abate such building, structure, landscaping or land, or to prevent,
in or about such premises, any act, conduct, business or use constituting
a violation.
A.
Whenever any building, structure, part thereof, or
appurtenance thereto is found to be in an unsafe condition by the
Zoning Officer, he shall notify, in writing, the owner, lessee, tenant-occupant,
or agent thereof, describing said unsafe condition and ordering the
abatement thereof.
B.
If, in the opinion of the Zoning Officer, the condition
of any building, structure, part thereof or appurtenance thereto is
such as to warrant its condemnation, he shall prepare a notice of
condemnation describing the unsafe condition and ordering the abatement
thereof. Such notice shall be sent to the owner or the owner's agent
by registered or certified mail or served personally, as provided
by complaint under the Pennsylvania Rules of Civil Procedure.
C.
The time limit stated in said notice for abatement
of the unsafe condition shall be 30 days, except that where, in the
opinion of the Zoning Officer, the hazard to life, limb or property
warrants such action, he shall have authority to order such abatement
within a shorter period of time.
D.
If, after the expiration of time specified in the
notice of condemnation, the owner, agent or person responsible has
not abated the unsafe condition described in said notice or appealed
to the Court of Common Pleas as provided by law, the Zoning Officer
shall have authority to abate said unsafe condition by repairing or
removing or demolishing said building, structure, part thereof or
appurtenance thereto at the expense of the Township.
(1)
The cost may be recovered by the Township from the
owner in action of law in the Court of Common Pleas.
(2)
When such suit, with statement of claim and description
of the lot, is filed by the Township, the Prothonotary shall index
the same upon the Judgment docket, and the Township shall have a lien
for the amount of said claim against said lot.