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Brighton Township City Zoning Code

ARTICLE XXII

Enforcement

§ 195-166 Violations and penalties.

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 of Brighton, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township of Brighton 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 District Justice. If the defendant neither pays nor timely appeals the judgment, the municipality 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 this chapter shall be paid over to the Township of Brighton.
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 of Brighton the right to commence any action for enforcement pursuant to this section.
D. 
In any appeal of an enforcement notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.
[Added 11-13-2001 by Ord. No. 119]
E. 
Any filing fees paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Township if the Zoning Hearing Board, or any court in a subsequent appeal, rules in favor of the appealing party.
[Added 11-13-2001 by Ord. No. 119]