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 building permit or use and occupancy permit as stipulated in Article XX.
A.
If it appears to the Township that a violation of
this chapter has occurred, the Board shall authorize the Zoning Officer
to initiate enforcement proceedings by sending an enforcement notice.
By means of the enforcement notice, the Zoning Officer may order discontinuance
of 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 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 the ordinance.
(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, in accordance with the procedures
set forth in this chapter.
(6)
That failure to comply with the notice within
the time specified, unless extended by appeal to the Zoning Hearing
Board, constitutes a violation with the possibility of sanctions.
A.
Whenever a violation of this chapter occurs, or is
alleged to have occurred, any person may file a written complaint.
Such complaint, stating fully the causes and basis thereof, shall
be filed with the Zoning Officer. He/she shall record properly such
complaint, investigate, and take action thereon as provided by this
chapter.
B.
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 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.
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
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
fees collected for the violation of the Zoning Ordinance shall be
paid over to the Township.
A.
Permit applications. Fees for building permit or use
and occupancy permit applications shall be paid in accordance with
a fee schedule adopted by resolution of the Board of Supervisors.
Such schedule may be revised, as necessary, by resolution of the Board.
(1)
Upon submission of an application or appeal
before either the Board of Supervisors or the Zoning Hearing Board,
the applicant shall deposit an amount of money in accordance with
a schedule of applicant expenses, adopted by resolution of the Board
of Supervisors. The Township Secretary shall have the sole discretion
to determine in which category an application falls and, therefore,
what amount is due.
(2)
If, at any time, the charges then made against
the applicant's deposit shall render the balance insufficient to ensure
payment of all expenses that may accrue in the disposition of the
pending or application, the Township Secretary shall obtain from the
applicant additional deposits to assure adequate funds to pay such
expenses as they may accrue. Prior to final disposition of the matter,
the amount of the deposit balance shall not be less than 15% of the
initial deposit amount. The failure of the Township Secretary or the
Zoning Hearing Board to require and obtain additional deposits from
time to time shall not relieve the applicant from liability for expenses
in excess of deposits. Any amount deposited in excess of actual final
expenses shall be refunded to the applicant.
B.
Miscellaneous expenses. For each certified statement
of compliance of any property with the provisions of this chapter,
there shall be a fee paid in accordance with a fee schedule adopted
by resolution of the Board of Supervisors.
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.
