A.
Administration.
(1)
Zoning Officer. The provisions of this chapter shall be enforced by an agent to be appointed by the Board of Supervisors, who shall be known as the Zoning Officer. The Zoning Officer shall serve at the pleasure of the Board of Supervisors.
(2)
The Zoning Officer shall have the power and the authority to perform all of the following functions:
(a)
To receive, examine and process all applications and permits as provided by the terms of this chapter. The Zoning Officer shall also issue zoning permits for special exception and conditional uses, or for variances after the same have been approved;
(b)
To record and file all applications for zoning permits or certificates of use and occupancy, and accompany plans and documents, and keep them for public record;
(c)
To inspect properties to determine compliance with all provisions of this chapter as well as conditions attached to the approval of variances, special exceptions, conditional uses and curative amendments;
(d)
To inspect nonconforming uses, structures, and lots and to keep a filed record of such nonconforming uses and structures, together with the reasons why the Zoning Officer identified them as nonconformities, as a public record and to examine them periodically, with the view of eliminating the nonconforming uses under the existing laws and regulations;
(e)
Upon the request of the Board of Supervisors or the Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests, to assist such bodies in reaching their decisions;
(f)
To be responsible for keeping this chapter and the Official Zoning Map up to date, including any amendments thereto;
(h)
To revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in this chapter, or otherwise permitted by law;
(j)
To issue stop-work orders when the Zoning Officer determines that a violation of this chapter exists or that construction is being commenced in a manner not authorized by a zoning permit or in a manner violating any approvals issued under this chapter. The Zoning Officer may issue stop work orders orally or in writing. If the Zoning Officer issues an oral stop-work order, the Zoning Officer shall subsequently confirm the oral stop-work order with a written notice within five days;
(k)
To receive and render determinations upon applications for reasonable accommodations requested in accordance with the United States Fair Housing Amendments Act of 1988, 42 U.S.C. § 3601 et seq., or the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and the federal regulations adopted pursuant to such statutes.
B.
Violations. The construction, alteration, maintenance or use of any structure, building, sign, land, or landscaping or the change of use, area of use, percentage of use or displacement of the use of any structure, building, sign, land or landscaping without first obtaining a zoning permit; or the use of any building, structure, sign or land without receipt of a certificate of use and occupancy, or the use or maintenance of any building, structure, sign or land for a use or in a manner which is not in accordance with the provisions of this chapter, or the use of property for a use different from that set forth in any zoning permit or certificate of use and occupancy which has been granted for the property without applying for and being granted a zoning permit and certificate of use and occupancy for such new or different use, or the excavation, grading of or earthmoving activities on any property in preparation for the erection of a structure or change in use of a property without first obtaining a zoning permit, or the failure to comply with any other provision of this chapter, or the violation of any conditions imposed upon the grant of a special exception or variance by the Zoning hearing Board or a conditional use by the Board of Supervisors or by a court of competent jurisdiction if a special exception, variance or conditional use is granted by such court; or the inclusion of false or misleading information on any application filed with the Township are hereby declared to be violations of this chapter.
C.
Enforcement notice. If it appears to the Zoning Officer that a violation of this chapter shall exist, the Zoning Officer shall send an enforcement notice to the owner of record of the lot on which the violations has occurred, to any person who has filed a written request to receive enforcement notices regarding that lot, to any other person requested in writing by the owner of record, and to any person against whom the Township may bring an enforcement action. The enforcement notice shall contain all information the MPC requires.
D.
Enforcement remedies. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter enacted under the Act 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 be 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.
E.
Causes of action. In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, repaired, converted, maintained, or used in violation of this chapter enacted under the MPC or prior enabling laws, the governing body or, with the approval of the governing body, an officer of the municipality, or any aggrieved owner or tenant of real property who shows that his/her property or person will be substantially affected by the alleged violation, 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. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the municipality at least 30 days prior to the time the action is begun by serving a copy of the complaint on the governing body of the municipality. No such action may be maintained until such notice has been given.