MapLink™ | Procedures | Violations and Penalties

Hello! Content on this website is provided as a convenience and is for informational use only. Be sure to review the Terms of Use for all of the details related to your use of this website.
Accept
Back
Violations and Penalties
Violations and penalties.
Failure to secure a permit prior to the use or change in use of land or building, or the erection, enlargement or alteration of a building, or failure to secure a use and occupancy permit shall be a violation of this chapter.
A. Causes of action. Where any building or structure is erected, reconstructed, converted or maintained, or any building, structure or land is used in violation of this chapter, the Supervisors, or, with the approval of the Supervisors, the Zoning Officer may in the name of the Township:
(1) Institute any appropriate action or proceedings to prevent such unlawful activity;
(2) Restrain or abate such violation;
(3) Prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
B. Notice of violations. Where it appears to the Township that a violation of any provisions of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
(1) The enforcement notice shall be sent to the owner of record on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
(2) The enforcement notice shall state 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 the chapter.
(d) The date before which the steps for compliance must be commenced and the date before which steps must be completed.
(e) That the recipient of such notice has the right to appeal to the Zoning Hearing Board within 30 days of the date of such enforcement notice, in accordance with this chapter and the Pennsylvania Municipalities Planning Code.
(f) That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
C. Discontinuance. Where the notice of violation is not complied with in the time period set forth in the notice, the Zoning Officer shall order the discontinuance of such unlawful use of land, structure, or building involved in said violation.
D. Enforcement remedies. Any person who shall violate the provisions of this chapter shall, upon being found liable in a civil enforcement proceeding, be required to pay a fine of not more than $500, plus all court costs, including reasonable attorney's fees and other costs incurred by the Township as a result thereof. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to applicable law. Each day that a violation continues shall constitute a separate violation, unless the District Justice that determined there has been a violation further determines that there was a good faith basis for the person 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 the 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. Notwithstanding the provisions of this section, the Township shall be permitted, in its sole discretion, to enforce this chapter in accordance with applicable law.