[Amended 7-24-1996 by Ord. No. 7-1996]
Any person who violates or permits the violation of any provision of
this chapter shall, upon being found liable therefor in a civil enforcement
proceeding commenced by the township before a District Justice, pay a fine
for each such violation in an amount not less than $100 and not more than
$600 plus all court costs, including reasonable attorney fees, incurred by
the township. No judgment shall be imposed 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.
Upon repeated violations by the same permittee (or holder), the permittee's
right to the issuance of a permit or to continue operation of the mobile home
park under such a permit may be suspended for a fixed term or permanently
revoked after hearing and notice, subject to the right of appeal to a court
of competent jurisdiction as by law provided.
A.
Notice of violations of the provisions of this chapter
or of any regulations adopted pursuant hereto is subject to the following
procedures:
(1)
Notice of the violation shall be given in writing and
shall specify the violations.
(2)
Such notice may be served by certified mail or by personal
service, either of which shall be directed to the landowner (permit holder).
(3)
Notice shall contain the specific remedial action necessary
to correct the violations, so as to effect compliance with the provisions
of this chapter and with the regulations adopted pursuant hereto.
B.
Subject to the provisions of Article V hereof, any landowner (permit holder) issued a notice of violation of the provisions of this chapter shall have a right of appeal to the Board of Supervisors of West Goshen Township, provided that such appeal is filed within 10 days from the date of service of such notice setting forth with particularity the grounds therefor. A hearing thereon shall be had within 30 days of the conclusion of such hearing or hearings or, where a transcript of the proceedings is taken, within 30 days of the Board's receipt of such transcript. Upon failure of the landowner (permit holder) to comply with any order sustaining or modifying the notice of violation, the license of the mobile home park affected by the order shall be revoked.
C.
The proceedings at such hearing, including the findings
and decisions of the Board of Supervisors, together with a copy of every notice
and order related thereto, shall be entered as a matter of public record in
the office of the Township Secretary; however, the notes of testimony of the
hearings held pursuant to such notice need not be transcribed unless required
by the Board or in the event of appeal. Appeal from the Board's decision
shall be as provided by law.
D.
Upon submission of any appeal pursuant to the provisions
hereof, the appellant shall deposit with the Township Zoning Officer such
sum as is designated by resolution of the Board of Supervisors. All costs,
fees and expenses incurred in connection with the appeal shall be charged
against the applicant, including cost of preparation and mailing of notices
of hearings and decisions, cost of legal publication, cost of appearance fees
of court reporters and cost of an original of the transcript of notes of testimony.
If at any time the charge as then made against the applicant's deposit
shall render the balance insufficient to ensure the payment of all costs,
expenses, charges and fees that may accrue in the disposition of the appeal,
the Board of Supervisors may require additional deposits to be made to assure
adequate funds to pay for the appeal costs and expenses. The Board's
failure to demand additional deposits shall not relieve the applicant of liability
for such costs and charges.
E.
Upon the appellant's failure to pay the deposits
additionally required within 10 days or prior to the next scheduled hearing,
whichever be the earlier date, the Board may:
(1)
Continue the matter generally until such deposits are
paid, in which event the time within which a decision must be rendered shall
commence to run;
(2)
Dismiss the appeal;
(3)
Determine the appeal upon the record as it then stands;
or
(4)
Take such further action as it deems proper under the
circumstances.
