The controls of this chapter of the Brecknock Township Code
shall be enforced in accordance with the procedures established by
this article, as may be amended.
The powers and duties of enforcement of the controls of this
chapter hereby are assigned to the Township Zoning Officer or such
other officer of the Township as designated by the Board of Supervisors
as the enforcement officer.
A.
The erection, reconstruction, conversion or maintenance of any building
or structure, or the use of any building, structure or land, contrary
to the provisions of this chapter is hereby declared to be a violation
of this chapter.
B.
If it appears to the enforcement officer that a violation of this
chapter exists, the enforcement officer shall send an enforcement
notice (also known as a "notice of violation and cease-and-desist
order") to the owner of record of the lot on which the violation has
occurred, to any person who has filed a written request to receive
enforcement notices regarding that lot, to any other person requested
in writing by the owner of record, and to any person against whom
the Township may bring an enforcement action. The enforcement notice
shall contain the name of the owner of record and any other persons
against whom the Township may take action, the location of the property
in violation, the specific violation, with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter, the date before which steps for compliance must be
commenced and that date before which the steps must be completed,
that the recipient of the enforcement notice has the right to appeal
to the Zoning Hearing Board within 30 days, and that a failure to
comply with the notice within the time specified, unless extended
by an appeal to the Zoning Hearing Board, constitutes a violation
with sanctions as provided in this chapter.
C.
If the enforcement notice is not complied with promptly, the enforcement
officer shall notify the Board of Supervisors. The Board of Supervisors
may request the Township Solicitor to institute in the name of the
Township any appropriate action or proceeding at law or in equity
to prevent, restrain, correct or abate such violation or to require
the removal or termination of the unlawful erection, reconstruction,
conversion or maintenance of any building or structure, or the use
of any building, structure or land in violation of the provisions
of this chapter or the order or direction made pursuant thereto. The
Board of Supervisors may also direct the enforcement officer or Township
Solicitor to institute a civil enforcement proceeding before a District
Justice.
Any person who 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 the
reasonable attorneys' 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 a District Justice determining that there
has been a violation further determines that there was a good-faith
basis for the person 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. All judgments, costs and reasonable attorneys'
fees collected for the violation of this chapter shall be paid over
to the Township for the general use of the Township.
An appeal from a decision or action of the Board of Supervisors
or of the enforcement officer in matters pertaining to this chapter
shall be made to the Zoning Hearing Board in accordance with the procedures
established by Article XI of the Township Zoning Ordinance, as may
be amended,[1] and in Article IX of the Pennsylvania Municipalities Planning
Code.[2]
