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In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this Chapter, the Board of Supervisors, or the Zoning Officer with the approval of the Board of Supervisors, may institute in the name of the Township any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises. The rights and remedies provided in this Chapter are cumulative and are in addition to all other remedies provided by law.
(Ord. 319/1993B, § 1301)
An enforcement notice shall be prepared and sent to the owner of the parcel on which the violation has occurred. The notice shall state at least the following:
A. The name of the owner of record and any other person against whom the township intends to take action.
B. The location of the property in violation.
C. The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this Chapter.
D. The specific date for compliance.
E. That the recipient of the notice has the right to appeal to the zoning hearing board and the time period of appeal.
F. That failure to comply or failure to appeal will result in clearly described sanctions.
(Ord. 3/9/1993B, § 1302)
No permit shall be issued until the applicable fee(s) have been paid. A schedule of fees have been established by resolution of the Board of Supervisors. In certain cases, additional fees may be applied. Such additional fees shall be at the discretion of the Township and shall cover, in whole or in part, costs associated with review of large scale land development.
(Ord. 3/9/1993B, § 1303)
1. 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 $600 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 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.
2. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per them fine pending a final adjudication of the violation and judgment.
3. 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.
4. District justices shall have initial jurisdiction over proceedings brought under this Section.
(Ord. 3/9/1993B, § 1304; as amended by Ord. 12/10/2001)
PART 14
AMENDMENTS
AMENDMENTS
The Board of Supervisors may from time to time amend, supplement, change, modify or repeal Chapter including the zoning map. Such shall be done in accordance with the following procedure:
A. Definition. The words "amend," "amendment," "amendments" or "amended" in this Chapter shall be deemed to include any modification of the text or phraseology of any provisions or amendments thereof, or any repeal or elimination of any such provision or part thereof, or any addition to this Chapter or to any amendment thereof, and shall also be deemed to include any change in the number, shape, boundary or area of any district or districts, any repeal or abolition of any part of such map, and, in addition to such map, any new map or maps or any other change in the maps or any map.
B. Initiation of Amendments. Proposals for amendment, supplement, change, modification or repeal may be initiated by the Board of Supervisors on its own motion, by the Township Planning Commission, or by petition of one or more owners of property, to the affected by the proposed amendment, subject to the following provisions:
(1) Proposals Initiated by the Board of Supervisors. The Board of Supervisors shall refer every proposed amendment, supplement, change, modification, or repeal originated by them to the Township Planning Commission. Within 30 days of the submission of said proposal, the Planning Commission shall submit to the Board of Supervisors a report containing the Commission's recommendations, including any additions or modifications to the original proposal.
(2) Proposals Originated by the Township Planning Commission. The Township Planning Commission may at any time transmit to the Board of Supervisors any proposal for the amendment, supplement, change, modification or repeal of this Chapter.
C. Hearing.
(1) Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon. No such amendment shall become effective until after such hearing, at which parties in interest and citizens shall have an opportunity to be heard. If, after any public hearing on an amendment, the proposed amendment is revised, or further reviewed, to include land previously not affected by it, the Board shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment. [Ord. 12/10/2001]
(2) Public notices of proposed zoning ordinances and amendments shall include either the full text thereof, or a brief summary setting forth the principal provisions in reasonable detail, and a reference to a place where copies of the entire proposed ordinance or amendment may be examined, in addition to the time and place of hearing.
(3) No hearing shall be held before or during the 30 day period in which the Township Planning Commission has been directed to review and report its recommendations to the Board of Supervisors.
(4) At least 30 days prior to the public hearings on the proposed amendment, the Township Planning Commission shall submit the amendment to the Clinton County Planning Commission for review and recommendations.
D. Procedure Upon Curative Amendments.
(1) A landowner who desires to challenge on substantive grounds the validity of an ordinance or map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the governing body with a written request that his challenge and proposed amendment be heard and decided. The Board of Supervisors shall commence a hearing on the amendment within 60 days of the request. The curative amendment shall be submitted to the Township and County Planning Commissions for review and recommendations at least 30 days prior to the public hearing on the proposed amendment. Public notice shall be given and hearings shall be conducted in accordance with the Pennsylvania Municipalities Planning Code, § 609.
(2) A fee, to be determined by resolution of the Board of Supervisors, shall be paid at the time of submission of a written request for the amendment of this Chapter in order to cover costs incurred by the Township. No request for amendment shall be considered unless it is accompanied by the required fee. Funds in excess of actual costs shall be returned to the applicant.
(Ord. 3/9/1993B, § 1400; as amended by Ord. 12/10/2001)
PART 15
DEFINITIONS
DEFINITIONS
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