All of the enforcement, violations and penalty provisions of the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10101 et seq., are hereby incorporated into this chapter by reference. (Note: as of the adoption date of this chapter, these provisions were primarily in §§ 616.1 (53 P.S. §§ 10616.1), 617 (53 P.S. §§ 10617) and 617.2 (53 P.S. §§ 10617.2) of such Act.)
(A) Violations. Any person who shall commit or who shall permit any of the following actions violates this chapter:
(1) Failure to secure a zoning permit prior to any of the following: a change in use of land or structure; or the erection, construction or alteration of any structure or portion thereof; or the placement of a sign; or a change in the area of a use or the land coverage or setback of a use; or the excavation or grading of land to prepare for the erection, construction or alteration of any structure or portion thereof;
(2) Placement of false statements on or omitting relevant information from an application for a zoning permit;
(3) Undertaking any action in a manner which does not comply with a zoning permit;
(4) Violation of any condition imposed by a decision of the Zoning Hearing Board in granting a variance or special exception or other approval;
(5) Violation of any condition imposed by a decision of the Board of Supervisors in granting any approval under this chapter; or
(6) Violation of any condition imposed by a decision of a court of competent jurisdiction, where such court has granted zoning approval with conditions.
(B) Enforcement notice. If the township has reason to believe that a violation of a provision of the zoning chapter has occurred, the township shall initiate enforcement proceedings by sending an enforcement notice as provided in § 616.1 of the Pennsylvania Municipalities Planning Code, being 53 P.S. § 10616.1. Prior to sending an official enforcement notice, the Zoning Officer may at his or her option informally request compliance.
(C) Time limits. An official enforcement notice shall state the deadline to complete bringing the property into compliance with this chapter, and shall state that the applicant has 30 days from the receipt of the notice to appeal to the Zoning Hearing Board.
(D) Enforcement, penalties and remedies. The causes of action and enforcement remedies provisions of the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10101 et seq., are hereby incorporated by reference. (Note: as of the adoption date of this chapter, such provisions were primarily in §§ 617 (53 P.S. §§ 10617) and 617.2 (53 P.S. §§ 10617.2) of such law.)
(1) Violations and penalties. Any person, partnership, corporation or other entity who 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 the reasonable attorney fees incurred by the township as a result thereof. No judgment shall commence or be imposed, levied or be 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 a District Justice determining that there has been a violation further determines that there was a good faith basis for the person 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. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the township for the general use of the township. Imprisonment is not authorized under this chapter.
(2) Remedies. In case any building, structure, sign or landscaping is erected, constructed, reconstructed, altered, repaired, converted, maintained or used or any land is used or activity conducted in violation of this chapter or any of the permits issued under this chapter or any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board, then, in addition to any other remedies provided by law, the Board of Supervisors may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping, use or activity or to prevent, in and about such premises, any act, conduct, business or use constituting a violation.
(E) Enforcement evidence. In any appeal of an enforcement notice to the Zoning Hearing Board, the township shall have the responsibility of presenting its evidence first.
(Ord. 126, passed 3-18-2010; Ord. 126A, passed 2-7-2013)