Township of Pine, PA Article X Administration

§ 84-148 Amendments.

A. The regulations, restrictions, boundaries, and requirements set forth in this chapter may be amended, supplemented, changed, or repealed, through amendment by the Board of Supervisors, from time to time.

B. This chapter may be amended in accordance with the applicable procedures of the Pennsylvania Municipalities Code, as amended.

C. In the event any owner or owners of property petition for supplementing or changing the district boundaries or regulations established in this chapter, the Zoning Officer shall collect fees prior to such petition being heard by the Board of Supervisors, as established by the Board of Supervisors, for the payment of the costs of advertising the notice of hearing in such case and the cost of preparation of the proposed amendment.

§ 84-149 Fee schedule. [1]

A. The Board of Supervisors shall determine a schedule of fees, charges and expenses, as well as a collection procedure for permits, variances, conditional uses, amendments, and other matters pertaining to this chapter.

B. The Township shall charge fees for the issuance of building permits, sign permits, occupancy permits, and other permits.

C. All fees shall be paid to the Township.

D. The Zoning Officer shall keep on file in his office a record of all permits.

E. The Board of Supervisors shall be empowered to reevaluate the fee schedule from time to time to make necessary alterations to it. The governing body may increase the amount of any filing fee, by resolution, based upon actual cost and expense to the Township. Such alterations shall not be considered an amendment to this chapter, and may be adopted at any public meeting by resolution.

[1] Editor's Note: See Ch. A144, Fees.

§ 84-150 Notification of violation.

A. The Zoning Officer shall have the power to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his/her employment. If the Zoning Officer shall find that any of the provisions of this chapter are being violated, the Zoning Officer shall issue a written enforcement notice to the person responsible for such violation.

B. Written notification of violations of this chapter and actions to be taken to enforce the provisions of this chapter shall be provided in accordance with the applicable notification procedures set forth in the Pennsylvania Municipalities Planning Code, or other applicable law.

C. The enforcement notice shall contain the following information:

(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 provision of this chapter.

(4) The date before which the steps for compliance must be commenced and the date before which the 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 the 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.

D. Any person receiving notification of a violation of this chapter may appeal to the Zoning Hearing Board by filing a written notice of appeal on or before the expiration of 30 days from the date of mailing of the notice.

§ 84-151 Violations and penalties.

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 thereof 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.

B. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice.

C. If the defendant neither pays nor timely appeals the Judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.

D. 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.

E. 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.

F. 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.

G. Violations and penalties; heliports.

(1) All heliports in the Township shall be subject to the requirements of § 84-55.

(2) In addition, in case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this section, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township, in addition to other remedies, may institute 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 or business or use constituting a violation.

§ 84-152 Other remedies.

In case any building, land, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township, in addition to other remedies, may institute 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.

§ 84-153 Condemnation of unsafe structures.

A. Whenever any building, structure, part thereof, or appurtenance thereto is found to be in an unsafe condition by the Zoning Officer, he shall notify, in writing, the owner, lessee, tenant-occupant, or agent thereof, describing said unsafe condition and ordering the abatement thereof.

B. If, in the opinion of the Zoning Officer, the condition of any building, structure, part thereof or appurtenance thereto is such as to warrant its condemnation, he shall prepare a notice of condemnation describing the unsafe condition and ordering the abatement thereof. Such notice shall be sent to the owner or the owner's agent by registered or certified mail or served personally, as provided by complaint under the Pennsylvania Rules of Civil Procedure.

C. The time limit stated in said notice for abatement of the unsafe condition shall be 30 days, except that where, in the opinion of the Zoning Officer, the hazard to life, limb or property warrants such action, he shall have authority to order such abatement within a shorter period of time.

D. If, after the expiration of time specified in the notice of condemnation, the owner, agent or person responsible has not abated the unsafe condition described in said notice or appealed to the Court of Common Pleas as provided by law, the Zoning Officer shall have authority to abate said unsafe condition by repairing or removing or demolishing said building, structure, part thereof or appurtenance thereto at the expense of the Township.

(1) The cost may be recovered by the Township from the owner in action of law in the Court of Common Pleas.

(2) When such suit, with statement of claim and description of the lot, is filed by the Township, the Prothonotary shall index the same upon the Judgment docket, and the Township shall have a lien for the amount of said claim against said lot.