[Ord. 74-2, 7/2/1974]
1.
In addition to other remedies, the Township may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
2.
A Township may refuse to issue any permit or grant any approval necessary
to further improve or develop any real property which has been developed
or which has resulted from a subdivision of real property in violation
of any ordinance adopted pursuant to this chapter. This authority
to deny such a permit or approval shall apply to any of the following
applicants:
A.
The owner of record at the time of such violation.
B.
The vendee or lessee of the owner of record at the time of such violation
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
C.
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
D.
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
E.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Township may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
[Ord. 74-2, 7/2/1974; as amended by Ord. 1989-3, 8/3/1989;
and by Ord. 8.5.2008, 8/5/2008]
1.
Jurisdiction. Magisterial district judges shall have initial jurisdiction in proceedings brought under Subsection 2.
2.
Enforcement Remedies.
A.
Any person, partnership or corporation who or which has violated
the provisions of this chapter upon being found liable therefor in
a civil enforcement proceeding commenced by a 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 the ordinance 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, 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 the ordinance 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.
B.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment 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 the Township the right
to commence any action for enforcement pursuant to this section.
[Ord. 74-2, 7/2/1974]
It shall be the duty of the Board of Supervisors to enforce
the provisions of this chapter. In order to properly carry out this
responsibility, the Board of Supervisors can appoint an agent and
grant to the duly appointed agent the power and authority to administer
and enforce the provisions of this chapter in their stead. The agent
shall be responsible to the Board of Supervisors and shall report
periodically to them concerning the administration of this chapter
and such report shall contain all the information necessary to permit
the Board of Supervisors to ascertain whether the proposed building,
alteration or use is located in an approved final plat (land subdivision
plan). No building permit shall be issued until the agent has certified
that the site for the proposed building, alteration or use complies
with all the provisions of this chapter and conforms to the site description
as indicated on the approved and recorded final plat (subdivision
or land development plan).
[Ord. 74-2, 7/2/1974]
The decisions of the Board of Supervisors or the planning agency
with respect to the approval or disapproval of plats may be appealed
directly to court in the same manner and within the same time limitations,
as is provided for zoning appeals from the decisions or findings of
the Zoning Hearing Board by the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
[Ord. 74-2, 7/2/1974]
Amendments to this chapter shall become effective only after
a public hearing held pursuant to public notice in the manner prescribed
for enactment of a proposed subdivision and land development ordinance
by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq. In addition, in case of an amendment other than that prepared
by the Planning Commission, the Board of Supervisors shall submit
each such amendment to the Planning Commission for recommendations
at least 30 days prior to the date fixed for the public hearing on
such proposed amendment.[1]
