A.
If it appears to Shaler Township that a violation of this chapter
has occurred, Shaler 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.
The enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against
whom the Township of Shaler intends to take action.
(2)
The location of the property 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 Shaler Township Zoning Hearing Board within 30 days of the mailing
date of the notice in accordance with procedures set forth in this
chapter.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, and upon being found liable therefor in a civil enforcement
proceeding, shall pay a judgment of not more than $500, plus all court
costs, including reasonable attorneys' fees incurred by the Township.
A.
In case any building, structure, landscaping, sign or land is or
is proposed to be erected, constructed, reconstructed, altered, repaired,
converted, maintained or used in violation of this chapter, the Board
of Commissioners or, with the approval of the Board of Commissioners,
an officer of Shaler Township or any aggrieved owner or tenant of
real property who shows that his property 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, sign 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
Shaler Township, by certified mail, at least 30 days prior to the
time the action is to begin by serving a copy of the complaint on
the Board of Commissioners of Shaler Township. No such action may
be maintained unless such notice has been given.
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 Shaler Township, pay a judgment of not more than $500,
plus all court costs, including reasonable attorneys' fees incurred
by Shaler 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 Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, Shaler 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 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 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 Shaler Township.
B.
The Court of Common Pleas of Allegheny County, upon petition, may
grant an order or stay, upon cause shown, tolling the per-diem fine
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 Shaler Township the right
to commence any action for enforcement pursuant to this section.
