[Ord. 3/29/1990A, § 2200]
Unless otherwise provided by law or in this chapter, no building
or structure shall be constructed, erected or extended, and no building,
structure or land shall be used or occupied except for the purposes
permitted herein.
[Ord. 3/29/1990A, § 2201]
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any building, structure
or land is used in violation of this chapter, the Board of Supervisors
or the Zoning Officer, with the approval of the Board of Supervisors,
may institute in the name of the Township any appropriate action or
proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use; to restrain, correct
or abate such violation, to prevent the occupancy of said building,
structure or land, or to prevent any illegal act, conduct, business
or use in or about such premises. The rights and remedies provided
in this chapter are cumulative and are in addition to all other remedies
provided by law.
[Ord. 3/29/1990A, § 2202; as amended by Ord. 97-7,
10/13/1997, § 27-2303; and by Ord. 17-03, 3/27/2017]
1.
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 attorney fees incurred by the
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, 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 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.
2.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
3.
Nothing contained in this section 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.
4.
Magisterial district judge shall have initial jurisdiction over proceedings
brought under this section.
