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 municipality, pay a judgment of not more than $500,
plus all court costs, including reasonable attorney fees, incurred
by the municipality 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 Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the municipality 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 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
attorney fees collected for the violation of this chapter shall be
paid over to the Township.
In case any building, structure, or land is, or is proposed
to be, erected, constructed, reconstructed, altered, converted, maintained
or used in violation of the provisions of this chapter, the Township
Board of Commissioners, or, with the approval of the Township Board
of Commissioners, an officer of the Township, in addition to other
remedies, may institute in the name of the Township any appropriate
action or proceeding to prevent, restrain, correct or abate such building,
structure or land, or to prevent, in or about such premises, any act,
conduct, business or use constituting a violation.
If it appears to the municipality that a violation of this chapter
has occurred, the municipality shall initiate enforcement proceedings
by sending an enforcement notice as provided in this section. The
notice of violation for the purpose of enforcement of the provisions
of this chapter shall consist of the following:
A.Â
The name of the owner of record and any other person against whom
the municipality intends to take action.
B.Â
The location of the property in violation.
C.Â
The specific violation describing requirements not met and the applicable
provisions of this chapter violated.
D.Â
Dates for commencement of compliance activity and dates by which
compliance must be achieved.
E.Â
That the recipient of the violation notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in Article XV.
F.Â
That failure to comply within the time specified, unless extended
by appeal to the Zoning Hearing Board, constitutes a violation with
possible penalties resulting.
