Caernarvon Township
City Zoning Code
City Zoning Code
ARTICLE IX
Enforcement
§ 500-88 Unlawful acts; complaints.
A.
Scope.
(1)
It shall be a violation of this chapter to fail to secure any permit required by this chapter. It shall also be a violation of this chapter to fail to make proper payment when required or to undertake other deliberate actions which are contrary to the terms of this chapter.
(2)
It shall be a violation of this chapter to continue to work or to use a building, land, structure, or other facilities after being subject to a stop order.
B.
Complaints. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof and shall properly record such complaint, make an immediate investigation, and take action thereon as provided by this chapter.
§ 500-89 Enforcement notice.
A.
If it appears to the municipality that a violation of this Chapter 500, Zoning, has occurred, the municipality shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
B.
The enforcement notice shall be sent to the owner of record of the parcel 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.
C.
Any enforcement notice shall state at least the following:
(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 chapter.
(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.
(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.
§ 500-90 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 this Chapter 500, Zoning, the governing body or, with the approval of the governing body, an officer of the municipality, or any aggrieved owner or tenant of real property who shows that his/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 municipality 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 municipality. No such action may be maintained until such notice has been given.
§ 500-91 Jurisdiction.
Magisterial District Judges shall have initial jurisdiction over proceedings brought under § 500-92 below.
§ 500-92 Violations and penalties; enforcement remedies.
A.
Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of this Chapter 500, Zoning, shall, upon being found liable therefor in a civil enforcement proceeding commenced by the municipality, pay a judgment of not more than $500, plus all court costs, including reasonable attorneys' fees incurred by the municipality 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 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 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 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 attorneys' fees collected for the violation shall be paid over to the municipality.
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 municipality the right to commence any action for enforcement pursuant to this section.