[Ord. 512, 3/26/1990, § 14-9.1; as amended by Ord.
524, 12/31/1991]
1.
Preventive Remedies.
A.
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 present 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.
B.
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 of real property
in violation of this chapter. This authority to deny such a permit
or approval shall apply 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 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.
2.
Enforcement Remedies.
A.
Any person, partnership or corporation who or which has violated
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 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 this chapter 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,
and thereafter each day that a violation continues shall constitute
a separate violation.
B.
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 the violation and judgment.
C.
Nothing contained 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.
D.
District Justices shall have initial jurisdiction in proceedings
brought under this section.
[Ord. 512, 3/26/1990, § 14.92; as amended by Ord.
524, 12/31/1991]
1.
Amendments to this chapter shall become effective only after a public
hearing held pursuant to public notice. A brief summary setting forth
the principal provisions of the proposed amendment and a reference
to the place within the Township where copies of the proposed amendment
may be secured or examined shall be incorporated in the public notice.
Unless the proposed amendment shall have been prepared by the Planning
Commission, the Board of Commissioners shall submit the amendment
to the Planning Commission at least 30 days prior to the hearing on
such amendment to provide the Planning Commission an opportunity to
submit recommendations. In addition, at least 30 days prior to the
public hearing on the amendment, the Township shall submit the proposed
amendment to the County planning agency for recommendations.
2.
Within 30 days after adoption, the Board of Commissioners shall forward
a certified copy of the amendment to the County planning agency.
3.
Proposed amendments shall not be enacted unless notice of proposed
enactment is given in the manner set forth in this section, and shall
include the time and place of the meeting at which passage will be
considered, a reference to a place within the Township where copies
of the proposed amendment may be examined without charge or obtained
for a charge not greater than the cost thereof. The Board of Commissioners
shall publish the proposed amendment once in a newspaper of general
circulation in the Township not more than 60 days nor less than seven
days prior to passage. Publication of the proposed amendment shall
include either the full text thereof or the title and a brief summary,
prepared by the Township Solicitor and setting forth all the provisions
in reasonable detail. If the full text is not included:
4.
In the event substantial amendments are made in the proposed amendment,
before voting upon enactment, the Board of Commissioners shall, at
least 10 days prior to enactment, readvertise, in one newspaper of
general circulation in the Township, a brief summary setting forth
all the provisions in reasonable detail together with a summary of
the amendments.
[Ord. 512, 3/26/1990, § 14-9.3]
1.
"Mobile home park" is hereby defined to mean a parcel of land under
single ownership which has been planned and approved for the placement
of mobile homes for nontransient use, consisting of two or more mobile
home lots.
