Bethel Township City Zoning Code
ARTICLE III
Amendments; Remedies; Penalties; Complaints
§ 480-25 Amendments.
The Board of Supervisors may from time to time amend this chapter, including the Zoning Map.
§ 480-26 Public hearings prior to amendment. [1]
Before voting on the enactment of any amendment, the Board of Supervisors shall hold a public hearing. "Public notice" as used in this section shall mean notice given not more than 30 days and not less than seven days in advance of the said hearing. Such notice shall be published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall include the full text of the amendment and shall state the time and place of the hearing. If, after any public hearing held upon an amendment, the proposed amendment is revised to include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
§ 480-27 Submission to the Township Planning Commission.
In case of an amendment, the Board of Supervisors shall submit each such amendment to the Township Planning Commission and to the Delaware County Planning Commission at least 30 days prior to the hearing in order to provide the Planning Commission an opportunity to submit recommendations.
§ 480-28 Enforcement; violations and penalties. [1]
A.
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 Magisterial District Judge. 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 Magisterial District Judge 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 Magisterial District Judge 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 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.
§ 480-29 Enforcement remedies.
In case any building, structure, or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained, or used in violation of any of the provisions of this chapter, the Board of Supervisors or, with the approval of the Board, an officer of the Township, in addition to other remedies, may institute in the name of the Township any appropriate action or proceedings to prevent, restrain, correct or abate such building, structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.
§ 480-30 Complaints of violations.
Whenever a violation of this chapter occurs, any person may file a written complaint with the Zoning Officer in regard thereto. The Zoning Officer shall promptly investigate all complaints and make report thereon to the Board of Supervisors.