The administration, enforcement and amendment of this title shall be in accordance with the provisions of Chapter VI and any other applicable sections of the Pennsylvania Municipalities Planning Code, Act 247, as amended by Act 170.

(Ord. 896, passed 12-21-2011; Ord. 1001, passed 5-20-2020)

   The enforcement, administration, inspection and application of the codified ordinances of the township shall be performed by the Township Code Enforcement Officer (CEO), the Township Building Code Officer (BCO) and/or the Township Zoning Officer (ZO), and where in this title either the BCO, CEO or ZO are referred to, it is understood that either the BCO or CEO may perform any and all the aforesaid duties set forth herein.

(Ord. 896, passed 12-21-2011; Ord. 1001, passed 5-20-2020)

   (a)   Appointment and general responsibility. There shall be a Code Enforcement Officer (CEO) and Zoning Officer (ZO) who shall be appointed by the Board of Commissioners and shall be, along with the Building Code Officer (BCO), responsible for the administration and enforcement of this Part Twelve. The CEO, BCO and/or ZO shall not hold any elected office in the township.

      (1)   Enforce all provisions of this title and all amendments thereto.

      (2)   Receive, examine, record and file all applications and fees for building permits and issue building permits only for any structure or use which conforms to this title.

      (3)   Issue permits for uses and construction by special exception or variance, only after such uses or buildings are approved by the Zoning Hearing Board, in accordance with the provisions of this title. Permits requiring approval by the Board of Commissioners shall be issued only after receipt of an authorization from the Board.

      (4)   Receive all required fees.

      (5)   Regularly inspect all areas of the township to determine if there are any violations of this title and to review the validity of any reported zoning violations.

      (6)   Issue all necessary stop orders, and order in writing correction of all conditions found to be in violation of this title. It shall be unlawful for any person to violate any such order lawfully issued by the CEO, ZO and/or BCO, and any person violating such order shall be guilty of a violation of this title.

      (7)   Maintain, or cause to be maintained, a map or maps showing the current zoning classifications of all land in the township.

      (8)   Identify and register all nonconforming uses, lots, structures and signs and keep filed a record of such nonconformities as a public record.

      (9)   Upon request of the Board of Commissioners, Planning Commission or Zoning Hearing Board, present facts, records, and any similar information to such body on specific requests to assist these bodies in reaching their decisions.

   (e)   An appeal from a decision or action of the CEO, ZO and/or BCO shall be made directly by a party in interest to the Zoning Hearing Board, and such appeal shall be made within 30 days after notice of the decision is made, or if no decision is made, 30 days after the date when a decision is deemed to have been made, in accordance with the Pennsylvania Municipalities Planning Code, as amended.

(Ord. 896, passed 12-21-2011; Ord. 1001, passed 5-20-2020)

   Whenever a violation of this title is alleged to have occurred, any person may file a written and signed complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the CEO, ZO and/or BCO who shall record such complaint promptly and immediately investigate and take action thereon as provided in this title.

(Ord. 896, passed 12-21-2011; Ord. 1001, passed 5-20-2020)

      (1)   The name of the owner of record and any other person against whom the municipality intends to take action.

      (2)   The location of the property in violation.

      (3)   The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this title.

      (4)   The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

      (5)   That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this title.

      (6)   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.

   (b)   Causes of action. 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 any ordinance enacted under the Pennsylvania Municipal Planning Code or prior enabling laws, the governing body or, with the approval of the governing body, an officer of the township, or any aggrieved owner or tenant of real property who shows that his or her property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation, When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the governing body of the township. No such action may be maintained until such notice has been given.

(Ord. 896, passed 12-21-2011; Ord. 1001, passed 5-20-2020)

      (1)   No building or use permit shall be issued until the CEO, ZO and/or BCO has certified that the proposed building or alteration and the proposed use of the property complies with the provisions of this title.

      (2)   Permits shall be ranted or refused within 45 days after the date of application. In case of refusal the applicant shall be informed of his right to appeal to the Zoning Hearing Board.

      (1)   Upon completion of the erection or alteration of any building or portion thereof authorized by any permit obtained in compliance with this title, the holder of the permit shall notify the CEO, ZO and/or BCO of completion. No permit shall be considered complete or permanently effective until the CEO, ZO and/or BCO has issued a certificate of occupancy certifying that the work has been inspected and approved as being in conformity with the permit and the provisions of this title.

      (2)   Prior to the transfer of ownership, lease or use of property, a certificate of occupancy must be obtained from the CEO, ZO and/or BCO.

      (3)   A certificate of occupancy shall be granted or refused within 15 days after the CEO, ZO and/or BCO has been notified of completion of construction or within 15 days of application to occupy premises or land.

      (1)   The Board of Commissioners shall establish, by resolution, a schedule of fees, charges, expenses and collection procedures for building permits, certificates of occupancy, sign permits, special exceptions, variances, appeals, amendments and other matters pertaining to this title.

      (2)   A schedule of fees shall be posted in the office of the CEO, ZO and/or BCO and may be altered or amended by the Board of Commissioners only.

      (3)   No action shall be taken on any application for any special exception, variance, appeal or other similar matter pertaining to this title until all application fees, charges and expenses have been paid in full.

(Ord. 896, passed 12-21-2011; Ord. 1001, passed 5-20-2020)

      (1)   An ordinance amending, supplementing or changing the district boundaries (zoning map) or the regulations established herein may be initiated:

         A.   By the Board of Commissioners, upon its own initiative or upon recommendation of the Planning Commission.

         B.   Upon a petition to the Board of Commissioners signed by the owners of 50% or more of the frontage of any area, which shall be not less than the area contained between two streets, wherein a change of zoning regulations is being sought.

         C.   By a landowner requesting an amendment or repeal. In the case of a curative amendment, the special requirements of the Pennsylvania Municipal Planning Code shall apply.

      (2)   Before voting on the enactment of an amendment, the Board of Commissioners shall hold a public hearing thereon, pursuant to public notice. If the proposed amendment involves a map change, notice of said public hearing shall be conspicuously posted along the perimeter of the tract at least one week prior to the hearing.

      (3)   The Board of Commissioners shall submit each proposed zoning amendment, other than one prepared by the Township Planning Commission, to the Planning Commission at least 30 days prior to any hearing which is to be held on the proposed amendment to provide the Planning Commission with an opportunity to submit its recommendations prior to final action.

      (4)   If, after any public hearing held upon an amendment, the proposed amendment is revised, or further revised, to include land previously not affected by it, the Board of Commissioners shall hold another public hearing as required by law pursuant to public notice, before proceeding to vote on the amendment.

      (5)   As required by the Pennsylvania Municipal Planning Code, a copy of any proposed zoning amendment shall also be sent to the County Planning Commission at least 30 days prior to any hearing on the proposed amendment, in order to provide the County Planning Commission an opportunity to submit its recommendations prior to final action on the amendment.

      (6)   The township may offer a mediation option as an aid in completing proceedings authorized in this section. In exercising such an option, the township and mediating parties shall meet the stipulations of Section 908.1 of the Pennsylvania Municipal Planning Code, Act 247, as amended by Act 170, relating to the mediation option.

      (7)   Within 30 days after enactment, a copy of the amendment to this title shall be forwarded to the Delaware County Planning Commission.

(Ord. 896, passed 12-21-2011; Ord. 1001, passed 5-20-2020)

   The Board of Commissioners shall establish, by resolution, a schedule of fees, charges, expenses and collection pertaining to this chapter, which shall be posted in the office of the CEO and/or BCO and may be altered or amended by the Board of Commissioners only.

(Res. 2006-27, passed 2-15-2006)

   (a)   Any person or corporation who has violated or permitted a violation of this title 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 fees incurred by the township as a result thereof, unless a different penalty is provided elsewhere in this title. 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 title 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 title shall be paid over to the township.

   (b)   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.

   (c)   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.

   (d)   District Justices shall have initial jurisdiction over proceedings brought under this section.

   (e)   In addition to any other penalties, remedies, revocations or sanctions imposed by this title, whoever fails to have the necessary permits as set forth and required by this title shall be subject to the following:

      (1)   For a first offense, the violator shall be given a warning;

      (2)   For a second offense, the violator shall be fined in an amount double the cost of the permit, with such fine not to exceed those limits as legislatively imposed by the Commonwealth;

      (3)   For a third or subsequent offense, the violator shall be fined not more than $300.

(Ord. 896, passed 12-21-2011; Ord. 1001, passed 5-20-2020)