(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 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’s 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 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 the 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’s fees collected for the violation of this chapter shall be paid over to the township.
(2003 Code, § 170-82)
(B) Any person who violates or permits a violation of § 153.075(B)(1)(n) upon being found liable therefore in a civil enforcement proceeding before a Magisterial District Judge, shall pay to the township a fine of not more than $500, plus all court costs, including, but not limited to, reasonable attorney’s fees incurred by the township on account of such violation. No penalty or cost shall be imposed until the date the determination of the violation by the Magisterial District Judge becomes final. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment as provided by law. Each day a violation exists after final judgment shall constitute a separate offense. The amount of the fine imposed shall be multiplied by the number of such days and may be charged and collected as a judgment by the township without further judicial proceedings. Further, the appropriate officers or agents of the township are hereby authorized, to issue a cease and desist notice and/or to seek equitable relief, including injunction, to enforce compliance herewith. No bond shall be required of the township if the township seeks injunctive relief.
(C) Any applicant, owner, operator or other person who violates or permits a violation of § 153.077(D) upon being found liable therefore in a civil enforcement proceeding before a Magisterial District Judge, shall pay to the township a fine of not more than $500, plus all court costs, including, but not limited to, reasonable attorney’s fees incurred by the township on account of such violation. No penalty or cost shall be imposed until the date the determination of the violation by the Magisterial District Judge becomes final. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment as provided by law. Each day a violation exists after final judgment shall constitute a separate offense. The amount of the fine imposed shall be multiplied by the number of such days and may be charged and collected as a judgment by the township without further judicial proceedings. Further, the appropriate officers or agents of the township are hereby authorized, to issue a cease and desist notice and/or to seek equitable relief, including injunction, to enforce compliance herewith. No bond shall be required of the township if the township seeks injunctive relief.
(D) Any person who violates or permits a violation of §§ 153.090(B)(2)(i), 153.135(B)(1)(j), 153.150(B)(1)(p) and 153.165(B)(1)(d), upon being found liable therefore in a civil enforcement proceeding before a Magisterial District Judge, shall pay to the township a fine of not more than $500, plus all court costs, including, but not limited to, reasonable attorney’s fees incurred by the township on account of such violation. No penalty or cost shall be imposed until the date the determination of the violation by the Magisterial District Judge becomes final. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment as provided by law. Each day a violation exists after final judgment shall constitute a separate offense. The amount of the fine imposed shall be multiplied by the number of such days and may be charged and collected as a judgment by the township without further judicial proceedings. Further, the appropriate officers or agents of the township are hereby authorized, to issue a cease and desist notice and/or to seek equitable relief, including injunction, to enforce compliance herewith. No bond shall be required of the township if the township seeks injunctive relief.
(E) Any owner, operator, or other person who violates or permits a violation of §§ 153.280 to 153.287 upon being found liable therefore in a civil enforcement proceeding before a Magisterial District Judge, shall pay to the township a fine of not more than $500, plus all court costs, including, but not limited to, reasonable attorney's fees incurred by the township on account of such violation. No penalty or cost shall be imposed until the date the determination of the violation by the Magisterial District Judge becomes final. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment as provided by law. Each day a violation exists after final judgment shall constitute a separate offense. The amount of the fine imposed shall be multiplied by the number of such days and may be charged and collected as a judgment by the township without further judicial proceedings. Further, the appropriate officers or agents of the township are hereby authorized, to issue a cease and desist notice and/or to seek equitable relief, including injunction, to enforce compliance herewith. No bond shall be required of the township if the township seeks injunctive relief.
(Ord. 2-93, passed 5-4-1993; Ord. 01-2013, passed 2-4-2013; Ord. 7-2016, passed 9-6-2016; Ord. 8-2016, passed 9-6-2016; Ord. 3-2011, passed 2-6-2012)