(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Violation of any provision of the International Property Maintenance Code, 2012 Edition, as modified by §§ 150.15 and 150.16, shall be punishable upon conviction thereof by a fine not exceeding $600. Each day that a violation continues may be prosecuted as a separate and distinct offense under §§ 150.15 and 150.16.
Type of Violation | After Magistrate Conviction | Guilt Admitted |
Construction not in compliance with permit | $500 per day | $150 per day |
Construction of new accessory structure without permit | $1,000 per day | $150 per day |
Construction of new primary structure without permit | $1,000 per day | $150 per day |
Covered improvements to existing structure without permit | $500 per day | $150 per day |
$500 per day | $150 per day |
(3) The Township Code Enforcement Officer shall assess penalties for the violation of §§ 150.45 through 150.48 according to the penalty(ies) in the column listed as “After Magistrate Conviction” in the table in division (C)(2) above. Notice of assessment of civil penalty shall be delivered to the person responsible in writing. Certain violations of ordinance are deemed to justify a penalty less than the maximum penalty established under division (C)(1) above. A person receiving a notice of civil assessment, who admits the violation may request adjustment by the Code Enforcement Officer within 15 days of receipt of the assessment, in which case upon written acknowledgment of responsibility and waiver of hearing before the Magistrate on the issue of responsibility, the Codes Enforcement Office may reduce the assessment to the amount shown in the column listed as “Guilt Admitted”.
(4) If a person is aggrieved by the amount of assessment, as opposed to whether a violation has occurred, the person may appeal a determination of the permit officer to the Township Supervisors, who shall in such instance sit as a Board of Adjustment under the local public agency law. Request for such appeal must be filed within 30 days of the original assessment and must be accompanied by a fee of $150 to cover the costs of the hearing. At the hearing, the Supervisors shall have the power to eliminate or modify the assessment, modification may reduce or increase the assessment within the limits permitted.
(5) No penalty established in this division (C) shall be enforceable until the fact of the violation is established in an action before a Magistrate or admitted to by the person in writing on a standard waiver form provided by the township.
(6) If division (C)(3) or (C)(4) should be found invalid, then it is the township’s intention to impose a flat non-discretionary penalty of $1,000 per day.
(Ord. 327, passed 3-1-1968; Ord. 607, passed 8-21-1996; Ord. 697, passed 8-17-2016)