[Ord. 96-266, 5/2/1996]
1.
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.
2.
Permit Denials and Conditions. The Township may 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 or land development in violation of this chapter. As
an additional condition for issuance of a permit or the granting of
an approval for the development of any such real property, the Township
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. This applies to any of the following applicants:
A.
The owner of record at the time of such violation.
B.
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.
C.
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.
D.
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.
3.
No Exemption. 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 provided in this Section.
[Ord. 96-266, 5/2/1996; as amended by Ord. 2005-362, 12/15/2005]
1.
Initial Jurisdiction. District judges shall have initial jurisdiction
in proceedings brought under this Section.
2.
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.
3.
Judgment. Where the 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 district judge.
4.
Enforcement of Judgment. If the defendant neither pays nor timely
appeals the judgement, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure.
5.
Continuing Violations. Each day that a violation continues shall
constitute a separate violation, unless the 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 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 judge. Thereafter, each day that a violation continues
shall constitute a separate violation.
6.
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.
7.
Enforcement by Township. Nothing in this Section shall be construed
or interpreted to grant to any person or entity other than the Township
the right to commence any action for enforcement pursuant to this
Section.
[Ord. 96-266, 5/2/1996; as amended by Ord. 99-299, 11/23/1999,
§ 5; Ord. 96-266, 5/2/1996; as amended by Ord. 99-299, 11/23/1999,
§ 6; and by Ord. 2005-362, 12/15/2005]
Appeals from any action or decision under this chapter shall
proceed in accordance with the MPC, 53 P.S. § 10101 et seq.
