A.
Any person, partnership or corporation who or which
has violated the provisions of the Brighton Township Subdivision and
Land Development Ordinance enacted under Act 247, Pennsylvania Municipalities
Planning Code, and all amendments thereto,[1] 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 this part to have believed that 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.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
The Court of Common Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem judgment
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
of Brighton the right to commence any action for enforcement pursuant
to this section.
