The failure of any person to comply with the provisions of any
section of this chapter, or to comply with any directive or notice
given by the Township or the Township's Fire Code Official, including,
but not limited to, a notice to correct a violation or stop-work order,
shall be a violation of this chapter and subject the violator to those
penalties set forth above and hereafter.
Any person who violates the provisions of this section shall
be charged with a summary offense and, upon conviction thereof by
a court of competent jurisdiction, be subject to a penalty of not
less than $500 nor more than $1,000. In such proceedings, the Township
Solicitor may assume charge of the prosecution without the consent
of the District Attorney as required under the applicable Pennsylvania
Rules of Criminal Procedure (relating to trial in summary cases).
The failure to pay any fine imposed shall result in the violator's
imprisonment to the extent allowed by law for the punishment of summary
offenses. All court costs, cost of prosecution, including the Township's
attorney's fees and expenses, incurred in such prosecution, shall
be assessable in addition to any fine imposed. Each day that the condition
giving rise to the violation continues to exist five days after the
date of conviction shall constitute a separate offense and be subject
to those separate penalties, costs and expenses referenced herein
for each separate offense without the necessity of a new filing.
In addition to those penalties contained herein, the Township
may, at its discretion, initiate an action in equity to compel any
person, corporation, entity or firm to comply with the requirements
of this chapter. In the event such proceedings are initiated, all
court costs, expert witness fees, and all other costs of litigation,
including the Township's attorney's fees, costs and expenses,
incurred in such litigation, shall be assessable against the violating
party, and paid by the violating party, in addition to any judgment,
award or verdict entered.
