[Amended 5-28-2019 by Ord. No. 384]
A.
Civil enforcement action. When the Township finds
that any person, partnership, or corporation has violated any provision
of this chapter or any condition imposed by the Township pursuant
to this chapter, or has proceeded without satisfying the requirements
of this chapter, the Township may institute civil enforcement proceedings.
Magisterial District Judges shall have initial jurisdiction in proceedings
brought under this section.
B.
Judgment. Where Magisterial District Judge finds the
person, partnership, or corporation liable for such violations, the
person, partnership, or corporation shall pay a judgment of not more
than $500 plus all court costs, including reasonable attorney fees,
incurred by the Township. No judgment shall commence or be imposed,
levied or payable until the date of the determination of a violation
by the Magisterial District Judge.
C.
Enforcement of judgment. If the defendant neither
pays nor timely appeals the judgment, the Township may enforce the
judgment pursuant to the applicable rules of civil procedure.
D.
Continuing violations. Each day that a violation continues
shall constitute a separate violation, unless the Magisterial District
Judge, determining that there has been a violation, 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 that 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. Thereafter, each day that a violation
continues shall constitute a separate violation.
E.
Order of stay tolling per diem judgments. The Court
of Common Pleas, upon petition, may grant an order of stay, upon cause
shown, tolling the per diem judgment pending a final adjudication
of a violation and judgment.
[Amended 5-28-2019 by Ord. No. 384]
A.
Court actions. In addition to other remedies, the
Township may institute and maintain appropriate actions by law or
in equity to restrain, correct, or abate violations, to prevent unlawful
construction, to recover damages, and to prevent illegal occupancy
of a building, structure, or premises. The description by metes and
bounds in the instrument of transfer or other documents used in the
process of selling or transferring shall not exempt the seller or
transferor from such penalties or from the remedies herein provided.[1]
B.
Permit denials. The Township shall refuse to issue
any permit or grant any approval necessary to further improve or develop
any real property which has been developed or which has resulted from
a subdivision of real property in violation of this chapter. This
applies to any of the following applicants:
(1)
The owner of record at the time of such violation.
(2)
The vendee or lessee of the owner of record at the
time of such violation without regard as to whether such vendee or
lessee had actual or constructive knowledge of the violation.
(3)
The current owner of record who acquired the property
subsequent to the time of violation without regard as to whether such
current owner had actual or constructive knowledge of the violation.
(4)
The vendee or lessee of the current owner of record
who acquired the property subsequent to the time of violation without
regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
C.
As an
additional condition for issuance of a permit or the granting of an
approval to any such owner, current owner, vendee or lessee for the
development of any such real property, the municipality may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.[2]
