§208-2807.    Enforcement Remedies.

A.         Civil Enforcement Proceedings.

1.   Except where a different penalty is provided, any persons, partnership or corporation who or which has violated or permitted the violation of the provisions of this Chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500.00, 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 be payable until the date of determination of a violation by the district justice. If the defendant neither pays nor appeals the judgment in a timely manner, 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. All judgments, costs and reasonable attorney fees collected for the violation of this Chapter shall be paid over to the Township.

2.   The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

B.         Equitable Enforcement Proceedings.

In case any building, structure, landscaping or land is, or is proposed to be erected constructed, reconstructed, altered, converted, maintained or used in violation of this Chapter, the Zoning Officer and/or the Township Solicitor, with the approval of the Board of Supervisors, may institute in the name of the Township any appropriate equitable action or proceeding to prevent, restrain, correct or abate such buildings, structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. These remedies shall be in addition to any other remedies provided by law.

C.         Private Enforcement.

Nothing contained in this Article shall be construed or interpreted to grant to any person or entity other than the Township or its agents the right to commence any action for enforcement of this Chapter, except where otherwise authorized by law.

 

Last Updated on September 29, 2008
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