The Zoning Officer shall be appointed by the Board of Supervisors
and is hereby vested with the authority to:
A.
Administer and enforce the provisions of this chapter in accordance
with its terms. The Zoning Officer shall not have the power to permit
any construction or any use or change of use which does not conform
to this chapter.
B.
Issue permits required by this chapter.
C.
Maintain a permanent file with all permits and applications required
under this chapter as public records.
D.
Identify and register all nonconforming lots, uses and structures
as required by law, together with the reasons why the use or structure
is nonconforming and issue any necessary permit to the owner of said
use or structure.
A.
If it appears to the Township that a violation of this chapter, or
prior enabling laws have occurred, the Township shall initiate enforcement
proceedings by sending an enforcement notice as provided in this section.
B.
The enforcement notice shall be sent to the owner of record of the
parcel on which the violation has occurred, to any person who has
filed a written request to receive enforcement notices regarding that
parcel, and/or to any other person requested, in writing, by the owner
of record to receive notice.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom
the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date on or before which steps for compliance must be commenced
and the date by which such steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a prescribed period of time in accordance with
procedures set forth in this chapter.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
(7)
In any appeal of any enforcement notice to the Zoning Hearing Board
the Township shall present its evidence first.
(8)
Any filing fees paid by a party to appeal an enforcement notice to
the Zoning Hearing Board shall be returned to the appealing party
by the Township if the Zoning Hearing Board, or any court in a subsequent
appeal, rules in the appealing party's favor.
Any person, partnership, corporation or other entity violating
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 less than $300 nor more than $600 plus all court costs,
and reasonable attorney fees incurred by the Township in the pursuit
thereof. Each day that a violation continues to exist after the date
specified in the enforcement notice to correct same, shall constitute
a separate violation and be subject to a separate penalty, without
the necessity of initiating a separate action. No judgment shall commence
or be imposed, levied or payable until a court of competent jurisdiction
determines that a violation exists. Where a civil judgment for a violation
of this chapter has not been timely paid, the violator shall be liable
for the penalty imposed, including daily penalties of not less than
$300 nor more than $600 for each day a violation continues, plus court
costs and reasonable attorneys' fees incurred by the Township in subsequent
enforcement proceedings.
A.
The transfer or attempted transfer of all or any portion of the premises
upon which the violation occurs shall not exempt the seller or transferor
from such penalties or from the remedies herein provided for violations
occurring during the seller or transferor's period of ownership.
B.
The owner or tenant of any structure or premises or land or lot or
part thereof, or any agent, architect, attorney, banker, builder,
contractor or other person who commits, participates in, assists in
or maintains such violation may each be found to be in separate violation
of this chapter and be subject to those penalties herein provided.
C.
The Township may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property subject
to development, or resulting from a subdivision of real property,
in violation of this chapter or any other ordinance referenced herein.
D.
The Township may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property subject
to development, or resulting from a subdivision of real property,
where a violation of this chapter or any other ordinance referenced
herein, exists on the property for which the permit or approval is
sought.
All permits and approvals issued under this chapter shall expire
one year from the date the permit is issued or approval given, unless
the construction of the structure contemplated therein is completed
or an occupancy permit for the operation of the use is issued by the
Township. Any variance or special exception use granted or approved
by the Zoning Hearing Board shall expire one year from the date the
decision of the Zoning Hearing Board is issued unless the construction
of the structure contemplated therein is completed or an occupancy
permit for the operation of the use is issued by the Township. Any
conditional use granted or approved by the Board of Supervisors shall
expire one year from the date the decision of the Board of Supervisors
is issued unless the construction of the structure contemplated therein
is completed or an occupancy permit for the operation of the use is
issued by the Township. In the event the applicant cannot complete
construction or obtain an occupancy permit within one year, such applicant
may request the Board of Supervisors for an extension of time, not
to exceed one year.
The remedies available to the Township in the enforcement of
this chapter are cumulative. Nothing contained in this chapter shall
be deemed or construed to preclude the Township from taking such other
legal action, at law or in equity, necessary to prevent or remedy
any violation or otherwise enforce the terms of this chapter.