In case any building, structure, landscaping or land is, or
is proposed to be, erected, constructed, reconstructed, demolished,
altered, converted, maintained or used in violation of this chapter,
the Board of Supervisors or, with the approval of the Board of Supervisors,
the Zoning Officer or Manager, or any aggrieved owner or tenant of
real property who shows that his property or person is or 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.
No such action may be maintained until such notice has been given.
A.
If it appears to the Township that a violation of this chapter 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.
An 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 10 days of receipt of such notice
in accordance with procedures set forth in Part 24.
(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 the sanctions clearly described.
D.
In any appeal of an enforcement notice to the Zoning Hearing Board,
the Township shall have the responsibility of presenting its evidence
first.
E.
Any filing fee paid by a party to appeal an enforcement notice to
the Zoning Hearing Board shall be returned to the appealing party
by the Township if the Zoning Hearing Board, or any court in a subsequent
appeal, rules in the appealing party's favor.
Any persons, partnership, firm, association or corporation who
violates the provisions of this chapter, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township, shall
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 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 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.
