[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A.
If it appears to the Township that a violation of this chapter has
occurred, the Township shall initiate enforcement proceedings by sending
an enforcement notice as provided in this section.
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 state at least the following:
(1)
The name of the owner of record and any other person against
whom the Township intends to take action.
(2)
The location of the lot 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 the time frame as defined by the enforcement
notice.
(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 possible sanctions clearly described.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
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, with the approval of the Board of Supervisors, an officer of the
Township, or any aggrieved owner or tenant of a real lot who shows
that his lot 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. When any
such action 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 on
the Board of Supervisors. No such action may be maintained until such
notice has been given.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
A.
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 attorneys' fees incurred by
the Township as a result thereof. No judgment shall commence or be
imposed, be levied or be payable until the date of the determination
of a violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable rules of civil procedure.
B.
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 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 Magisterial District Judge, and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorneys' fees collected for the violation of this
chapter shall be paid over to the Township.