Any person, partnership or corporation, who or which has violated
or permitted the violation of the provisions of this zoning ordinance
as enacted and amended pursuant to Act 247[1] 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 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.
Each day that a violation continues shall constitute a separate violation,
unless the Magisterial District Judge 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, cost
and reasonable attorney fees collected for the violation of zoning
ordinances shall be paid over to the Township.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The Court of Common Pleas, upon petition, may grant an order
of stay, tolling the per diem fine pending a final adjudication of
the violation and judgment.
Nothing contained in this article 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.
