[Amended 10-27-1986 by Ord. No. 17-038; 6-26-1989 by Ord. No. 17-055]
A.
If it appears to the Township that a violation of
any zoning ordinance has occurred, the Township shall initiate enforcement
proceedings by sending an enforcement notice as provided in this section.
B.
The enforcement notice shall be sent to the owner
of record of the parcel on which the violation has occurred, to any
person who has filed a written request to receive enforcement notices
regarding that parcel and to any other person requested, in writing,
by the owner of record.
C.
The enforcement notice shall state at least the following:
(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 provisions of the ordinance.
(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 30 days of the date of
the notice.
In case any building, sign, structure, landscaping
or land is or is proposed to be erected, constructed, reconstructed,
altered, converted, maintained or used in violation of any ordinance,
the Board of Supervisors or, with the approval of the Board of Supervisors,
an officer of the municipality or any aggrieved owner or tenant of
real property who shows that his 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 Township at least 30 days prior to the time the action is begun
by serving a copy of the complaint on the Board of Supervisors of
the Township. No such action may be maintained until such notice has
been given.
District Justices shall have initial jurisdiction over proceedings brought under § 230-195.
Any person, partnership or corporation who or
which has violated or permitted the violation of the provisions of
any zoning ordinance 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, be levied or be 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. All judgments, costs
and reasonable attorney fees collected for the violation of zoning
ordinances shall be paid over to the Township.
