[Added 10-27-1992 by Ord. No. 1-1992]
It shall be a violation of this chapter to undertake any action which is contrary to the terms of this chapter, including but not limited to the failure to obtain a permit as stipulated in Article XIV.
A.
If it appears to the Township that a violation of
this chapter has occurred, the Zoning Officer shall initiate enforcement
proceedings by sending an enforcement notice. By means of the enforcement
notice, the Zoning Officer may order discontinuance of any illegal
use of land or structures; removal of illegal structures or additions,
alterations or structural changes thereto; or discontinuance of any
illegal work being done.
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, at a minimum, state the
following:
(1)
The name of the owner of record and any other
persons 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 this chapter.
(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 30 days, in accordance
with the procedures set forth in this chapter.
A.
Whenever a violation of this chapter occurs, or is
alleged to have occurred, any person may file a written complaint.
Such complaint shall be signed, shall state fully the causes and basis
thereof and shall be filed with the Zoning Officer. The Zoning Officer
shall record properly such complaint, investigate and take action
thereon.
B.
In case any building, structure, hedge, tree, shrub
or other growth or land is, or is proposed to be, erected, constructed,
reconstructed, altered, converted, maintained or used in violation
of this chapter, the Board or 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, hedge,
tree, shrub or other growth or use of land or to prevent, in or about
such premises, any act, conduct, business or use constituting a violation.
C.
Where any action authorized in Subsection B above 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 upon the Board. No such action may be maintained until such notice has been given.
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 in a civil enforcement
proceeding commenced by the Township, pay a judgment of not more than
$500, plus all court costs, including reasonable attorney's fees incurred
by the Township as a result thereof. No judgment shall commence or
be imposed, levied or be 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 the ordinance 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. Thereafter,
each day that a violation continues shall constitute a separate violation.
All judgments, costs and reasonable attorney's fees collected for
the violation of this chapter shall be paid over to the Township.
The granting of any permit under this chapter
shall create no liability upon, nor a cause of action against, any
Township official or employee for damages or injury that may occur
from the use, construction or enlargement of structures or the use
of land.
