A.
It shall be unlawful for any developer or public utility to construct
a public or private improvement regulated by this code, or to cause
the same to be done, in conflict with or in violation of any of the
provisions of this code.
B.
It shall be unlawful for any developer or public utility to construct
an improvement without prior notice to the Township so as to allow
inspection of construction and/or to construct an improvement in conflict
with or in violation of an approved plan or permit.
The failure by a developer or an agent or representative of
a developer to provide to the Township any notice required under this
code shall not constitute an excuse for failure to comply with the
construction standards and other provisions of this code and/or with
the obligation to construct improvements pursuant to specifications
of an approved plan or permit.
A.
The Township shall have authority to require that a developer remove
construction, to refuse to accept an offer of dedication of an improvement
as public, to refuse a request for reduction or release of financial
security, to issue a cease-and-desist order or notice to stop work
and/or to take any other authorized measure in the event a developer
causes or allows a required improvement to be constructed without
giving prior notice to the Township to allow for inspection of construction.
A.
The Township Engineer shall be responsible for administration and enforcement of this code to the extent the matters relate to a subdivision, land development, stormwater management activity or other matter generally assigned to the Township Engineer. To the extent not specifically addressed in this code, the Township Engineer shall administer and enforce this code in accordance with regulations set forth in Chapter 125, Subdivision and Land Development.
B.
The Township's Zoning Administrator and/or Code Administrator shall be responsible for administration and enforcement of this code to the extent that matters relate to a building permit or other matter generally assigned to the Zoning Administrator or Code Administrator. To the extent not specifically addressed in this code, the Zoning Administrator and/or Code Administrator shall administer and enforce this code in accordance with regulations set forth in Chapter 145, Zoning.
A.
Where this code refers to a Pennsylvania Department of Transportation
or other adopted publication, general construction standard or specification,
such publication, standard or specification shall be deemed to be
incorporated in and made a part of this code without being recited
herein.
B.
Where this code refers to Pennsylvania Department of Transportation
or other adopted general construction standards or specifications
for an item, it is expressly intended that such standards shall be
in accordance with such specified publication, standard or specification
in its current edition as then amended and in effect. Any amendment,
alteration, modification or re-identification of such referenced standard
or specification shall be deemed to be incorporated in and made a
part of this code without the need for further reference or amendment.
This code shall be enforced administratively as set forth in Chapter 125, Subdivision and Land Development, or Chapter 145, Zoning, except as specifically otherwise provided in this code. Enforcement of this code shall generally be deemed a civil action in accordance with and as provided in Section 1601 of the Second Class Township Code[1] and in Chapter 48, Article I, Ordinance Enforcement, of the Code of the Township of Millcreek (Ordinance No. 96-8), as the same may in the future be amended.
[1]
Editor's Note: See 53 P.S. § 66601.
The Township shall serve a notice of violation or order on the
developer or utility company responsible for the violation of the
provisions of this code, or of plans or permits approved under this
code or other ordinances of the Township. Such notice shall include
a directive that the illegal action or condition be discontinued immediately
or, if applicable, that the violation be remedied or abated.
A.
If a remedy or abatement is directed, the notice shall state the
date by which such action is to be remedied or abated.
B.
The imposition of penalties prescribed in this code shall not preclude
the Township from commencing an action to enjoin or prevent unlawful
construction, to restrain, correct or abate a violation and/or to
stop or enjoin an unlawful act.
A.
Notice to stop work. A notice from the Township directing that work
be stopped shall be in writing and shall be given to the developer
or to the person doing the work. The stop-work order shall state the
conditions upon which the work may be resumed.
B.
Work to stop upon receipt of notice. Upon receipt of the Township's
notice that work on the installation of a public or private improvement
is being prosecuted contrary to the provisions of this code, such
work shall be immediately stopped.
C.
Unlawful continuance. It shall be unlawful for any developer or other
person to continue work on a public or private improvement after receipt
of the Township's stop-work order, except for such work as that person
is directed by the Township's stop-work order to perform to remove
a violation or unsafe conditions. In the event such work necessary
to remove a violation or unsafe condition is performed, the developer
shall notify the Township Engineer and allow inspection of such work
prior to performance of any further work on a public or private improvement.
A.
Any person who violates any provision of this code and fails to remedy the violation recited in a notice of violation issued pursuant to § 29-35 within the time established in that notice shall, upon determination of violation by the Magisterial District Judge having jurisdiction, be subject to a fine of $300 for each violation.
B.
Any person who fails to comply with a stop-work order or who continues
work on a public improvement or private improvement following receipt
of a stop-work order in violation of such order shall, upon determination
of a violation by the Magisterial District Judge having jurisdiction,
be subject to a fine of $600 for each violation.
C.
In any civil action seeking judgment for fines or other remedy due to violation of this code, the judgment in favor of the Township shall include, in addition to prescribed fines, all costs and all attorney's fees reasonably incurred by the Township in enforcement, pursuant to Chapter 48, Article II, Attorneys' Fees, from the Code of the Township of Millcreek, as the same may in the future be amended.
Each day that a violation of this code continues shall constitute
a separate offense and be subject to the same penalties, costs and
expenses as the first day of violation.
