[Amended 8-15-1983 by Ord. No. HR-76; 10-19-1998 by Ord. No.
HR-278; 5-1-2006 by Ord. No. HR-252]
Failure to secure a permit, when required, previous
to the erection, construction, extension or alteration and addition
to a building or failure to secure a use and occupancy permit shall
be a violation of this chapter.
When written notice of a violation of any of
the provisions of this chapter has been served by the Zoning Officer
on the owner, agent or occupant, contractor or builder, such violation
shall be discontinued immediately.
A.
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 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 the 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 zoning ordinances 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 municipality
the right to commence any action for enforcement pursuant to this
section.
If any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained or any building,
structure or land is used or any hedge, tree, shrub or other growth
is maintained in violation of this chapter or any regulations made
pursuant hereto, in addition to other remedies provided by law, any
appropriate action or proceeding, whether by legal process or otherwise,
may be instituted or taken to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
or to restrain, correct or abate or prevent any illegal act, conduct,
business or use in or about such premises.
