Township of Upper Hanover, PA Article IV Violations; Enforcement; Fees; Conflict

§ 500-400 Violations.

The Zoning Officer shall take cognizance of violations of this chapter and shall investigate each violation which comes to his attention whether by observation or communication. Upon approval of the Township Supervisors, the Zoning Officer shall order in writing the correction of such conditions as are found to be in violation of this chapter.

§ 500-401 Enforcement notice.

The Zoning Officer shall send an enforcement notice 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. The notice of enforcement shall include:

A. The name of the owner of record and any other person against whom the Township intends to take action.

B. The location and identification of the property in violation.

C. The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the chapter.

D. The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

E. A statement describing the recipient's right to appeal to the Zoning Hearing Board within 30 days of receipt of the notice, in conformance with Article VI of this chapter.

F. A statement that failure to comply with the notice within the time specified by the notice, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.

§ 500-402 Enforcement proceedings.

A. If a violation is not corrected within the period of time specified by the enforcement notice, it shall be the duty of the Zoning Officer to notify the Township Supervisors, who shall take the necessary action to correct the violation, which action may include initiation of a civil enforcement proceeding or a summary criminal proceeding.

[Amended 11-13-2001 by Ord. No. 01-11]

B. Where, in the opinion of the Zoning Officer, a violation presents peril to life or property, the Zoning Officer may recommend to the Supervisors immediate initiation of a civil enforcement proceeding.

§ 500-403 Enforcement remedies.

A. Any person, partnership, corporation or other legal entity who or which has violated or permitted the violation of the provisions of this chapter shall, upon being convicted or found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $600 per violation, plus all court costs, including reasonable attorney's fees incurred by the Township as a result thereof; or, if convicted in a summary criminal proceeding, pay a fine not to exceed $1,000 per violation or imprisonment of not more than 90 days, or both. Any ordinance regulating building, housing, property maintenance, health, fire, public safety, parking, solicitation, curfew, water, air or noise pollution shall be enforced before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.

[Amended 11-13-2001 by Ord. No. 01-11[1]]

(1) No judgment shall commence or be imposed, levied or payable until the date of determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable Rules of Civil Procedure.

(2) Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge further determines that there was a good faith basis for the person, partnership or corporation violating the 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.

(3) All judgments, costs and reasonable attorney's fees collected for the violation of the chapter shall be paid over to the Township.

(4) 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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Causes of action. An aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by an alleged violation of this chapter may institute any appropriate action or proceeding to prevent, restrain, correct, or abate the violation.

(1) When any action is instituted by a landowner or tenant, the Township shall be notified at least 30 days prior to the time the action is begun.

(2) Notice must be given by serving a copy of the complaint to the Board of Supervisors. No action may be maintained until such notice has been given.

§ 500-404 Fees.

The fees for permits, applications before the Zoning Hearing Board, Planning Commission or Board of Supervisors, and other charges associated with the Zoning Ordinance shall be fixed in accordance with a fee schedule adopted by a resolution of the Board of Township Supervisors upon the enactment of this chapter, and such schedule may be amended from time to time by resolution of the Board of Township Supervisors.

§ 500-405 Conflict.

It is not intended by this chapter to repeal, abrogate, annul or interfere with any existing ordinances or enactment, or with any rule, regulation or permit adopted or issued thereunder, except insofar as the same may be inconsistent or in conflict with any of the provisions of this chapter, provided that, where this chapter imposes greater restrictions upon the use of buildings of land or upon the height and bulk of buildings or prescribes larger open spaces than are required by the provisions of such ordinance, enactment, rule, regulation or permit, then the provisions of the chapter shall control.

§ 500-406 Validity.

Should any section or provision of the chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the chapter as a whole or of any other part thereof.