[Added 11-26-1990 by Ord. No. 218]
A.
In case any building, structure, landscaping, 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 their approval the Zoning Officer,
or any aggrieved owner or tenant of real property who shows that his
property will be substantially affected by the alleged violation,
in addition to other remedies, may institute in the name of the Township
any appropriate action or proceeding to prevent, restrain, correct,
or abate such building, structure, landscaping, or land or to prevent,
in or about such premises, any act, conduct, business or use constituting
a violation.
B.
When any such action is instituted by a landowner
or tenant, notice of that action shall be served upon the Township
at least 30 days prior to the time the action is begun by serving
a copy of the complaint on the Board of Commissioners of the Township.
No such action may be maintained until such notice has been given.
[Added 11-26-1990 by Ord. No. 218]
A.
Any person, partnership, or corporation who or which
has violated or permitted the violation of the provisions of this
chapter enacted under the Pennsylvania Municipalities Planning Code,
as amended, or prior enabling laws 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 District Justice.
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 District Justice 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 District Justice and thereafter each day that a violation continues
shall constitute a separate violation. All judgments, costs, and reasonable
attorney fees collected for the violation of this chapter shall be
paid over to the Township.
B.
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.
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 any action for enforcement pursuant to this section.
The charges for permits, applications for special
exception, applications for variance, Zoning Hearing Board certificates,
etc., shall be fixed in accordance with a fee schedule adopted by
resolution of the Township Board of Commissioners upon the enactment
of this chapter, or as such schedule may be amended by resolution
of the Township Board of Commissioners.
