Proceedings for securing review of any ordinance,
decision, determination or order of the Board of Supervisors, its
agencies or officers adopted or issued pursuant to this chapter shall
be in accordance with the Pennsylvania Municipalities Planning Code,
as amended (53 P.S. § 10101 et seq.).
In case any building, structure or use of land
is or is proposed to be erected, constructed, reconstructed, altered,
converted, maintained or used in violation of this chapter, the Board
of Supervisors or a duly appointed officer of the Township may, in
addition to other remedies, institute in the name of the Township
any appropriate action or proceeding to prevent, restrain or correct
such building, structure or use of land or to prevent in or about
such premises any act, conduct, business or use constituting a violation.
A.
Enforcement notice. If it appears to the Board of
Supervisors or the Zoning Officer that a violation of any provision
of this chapter has occurred, the Zoning Officer shall initiate enforcement
proceedings by sending an enforcement notice, as provided for in this
section.
(1)
The enforcement notice shall be sent to the
owner of record or the lessee, as may be applicable, of the parcel
on which the violation has occurred, to any person who has filed a
written request to receive such notices regarding that parcel, to
any tenant of the parcel upon which the violation has occurred who
is known to the Zoning Officer and who has participated in the violation
and to any other person requested, in writing, by the owner of record.
(2)
An enforcement notice shall state, as a minimum,
the following:
(a)
The name of the owner of record and any other
person against whom the governing body or Zoning Officer intends to
take action.
(b)
The location 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 this chapter.
(d)
The date by which steps toward compliance must
be commenced and the date by which the steps must be completed.
(e)
That the recipient of an enforcement notice shall have the right to appeal the notice before the Zoning Hearing Board in the manner described in § 131-104 of this chapter. The appeal period shall not apply where the specific violation poses a clear and imminent threat to the public health, safety or welfare.
(f)
That failure to comply with the notice within
the time specified, unless extended after appeal to the Zoning Hearing
Board, will constitute a violation of this chapter, subject to the
penalties described in this section.
B.
Causes of action. In case any building, structure,
landscaping or land is or is proposed to be erected, constructed,
reconstructed, 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 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 Board of Supervisors 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.
C.
Enforcement remedies.
(1)
Any person, partnership or corporation who or
which has violated or permitted the violation of the provisions of
this chapter shall, upon being found liable therefor by a District
Justice in a civil enforcement proceeding commenced by the Board of
Supervisors, pay a judgment of not more than $500, plus all court
costs, including reasonable attorney fees incurred by the Township
as a result thereof.
(2)
No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by a
District Justice.
(3)
If the defendant neither pays nor timely appeals
the judgment, the Board of Supervisors may enforce the judgment pursuant
to the applicable rules of civil procedure.
(4)
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 such case, 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; thereafter, each day that a violation continues
shall constitute a separate violation.
(5)
All judgments, costs and reasonable attorney
fees collected for the violation of this chapter shall be paid to
the Township of Washington.
(6)
The Court of Common Pleas of Berks County, 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.
(7)
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than duly authorized
representatives of the Township of Washington the right to commence
any action for enforcement pursuant to this section, unless otherwise
authorized by the Pennsylvania Municipalities Planning Code (53 P.S.
§ 10101 et seq.).
