(A) Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, refurbish, repair, reconstruct, remove, demolish, use or occupy any public playground or part thereof that is regulated by this chapter and/or any other applicable rule, regulation, code or ordinance, or cause same to be done, in conflict with or in violation of any of the provisions of this chapter and/or any other applicable rule, regulation, code or ordinance.
(B) Failure to comply. Whenever an order to vacate, secure, repair and/or demolish a public playground, or part thereof, has not been complied with, the Township Playground Inspector may, in accordance with the laws of the commonwealth, proceed to cause the playground, or part thereof, to be vacated, closed-up, secured, repaired and/or demolished or take such other action as is necessary to abate the nuisance. Abatement under this division (B) shall not commence until at least ten days after the service of the order, except that the Township Playground Inspector may determine that more immediate action is required because of the special emergency or dangerous conditions which exist.
(C) Recovery of expenses. The expenses incurred pursuant to division (B) above and other applicable sections of this chapter or other rules, regulations, codes and/or ordinances shall be paid by the responsible operator or by the persons who caused or maintained such public nuisance. The Township Playground Inspector shall file in his or her records an affidavit, stating with fairness and accuracy, the items and date of the expenses incurred. The Board of Supervisors may institute a suit to recover such expenses to be charged against the property as a lien or against the person or legal entity violating this chapter as a judgment.
(D) Transfer of ownership. It shall be unlawful for any operator of a public playground who has received an order or notice regarding a violation of this chapter to sell transfer, mortgage, lease or otherwise dispose of the public playground cited by the order or notice until the provisions of the order or notice have been complied with, or until such operator shall first furnish the grantee, transferee, mortgagee or lessee a true copy of the order or notice issued by the Township Playground Inspector and shall furnish to the Township Playground Inspector a notarized statement signed by the grantee, transferee, mortgagee, or lessee, acknowledging the receipt of such order or notice and fully accepting the responsibility without condition for making the correction, alteration, repairs, removal or demolition required by such order or notice.
(E) Penalties. Any person, firm or corporation who shall violate any provisions of this chapter or fails to correct a violation or institute a remedial action as ordered by the Township Playground Inspector, or who erects, constructs, installs, alters, repairs, removes or demolishes a public playground, or part thereof, in violation of an approved plan or playground permit, a directive of the Township Playground Inspector, or a permit or certificate issued under the provisions of other applicable rules, regulations, codes or ordinances shall, upon conviction before any Magisterial District Judge, be sentenced, for each such violation, to pay a fine not exceeding $1,000 plus costs. Each day that a violation continues after notice has been served in accordance with the terms and provisions of this chapter, shall be deemed a separate offense.
(F) Prosecution. The imposition of the penalties herein prescribed shall not preclude the Solicitor representing the township from initiating, and he or she is hereby ordered to initiate appropriate actions or proceedings at law or equity for the purpose of ordering that person:
(1) To restrain, correct or remove the violation or refrain from any further execution of work;
(2) To restrain or correct the erection, construction, installation, alteration, repair, refurbishment, reconstruction, removal or demolition of such public playground or part thereof;
(3) To require the removal of work in violation; and/or
(4) To prevent the use of the public playground or part thereof erected, constructed, installed, altered, repaired, refurbished, reconstructed, removed or demolished in violation of, or not in compliance with, the provisions of this chapter, or in violation of a plan or specification under which an approval, permit or certificate was issued.
(Ord. 143, passed 1-9-2002)