Cecil Township City Zoning Code
ARTICLE XIV
Enforcement
§ 240-108 Specific intent.
It is the purpose of this chapter to prescribe the procedure by which the administration of this chapter shall be followed. Nothing contained within this article shall be interpreted as limiting the adoption of administrative regulations that do not supersede required stated procedures.
§ 240-109 Administration and enforcement.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon, first, the Zoning Officer and, secondly, the Code Enforcement Officer, assistant code enforcement officers, and municipal police officers, or other legally authorized Township personnel, who shall have such powers as are conferred upon him/her or them by this chapter or any other Township ordinance or according to law. No permit of any kind as provided in this chapter shall be granted for any purpose except in compliance with the provisions of this chapter or upon the grant of a waiver by the Board of Supervisors or a decision of the Zoning Hearing Board or the courts.
A.
Complaints regarding violations. Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written or verbal complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Officer or other Township personnel legally entrusted with the enforcement of this chapter, who shall record such complaint, immediately investigate, and take action as provided by this chapter.
B.
Right of entry. The Zoning Officer or other legally designated representatives of the Township may make inspections of all buildings, structures and premises located within the Township to determine compliance with the provisions of this chapter. Such inspections shall be made between the hours of 9:00 a.m. and 8:00 p.m. on any day except Sunday and legal holidays. All inspections shall be subject to the following standards and conditions:
(1)
An inspection may take place when a complaint has been received by the Township pursuant to this article, and such complaint, in the opinion of the Zoning Officer or other legally designated Township personnel, provides reasonable grounds for the belief that a violation exists; or when such inspection is undertaken as part of a regular inspection program whereby certain areas of the Township are being inspected in their entirety.
(2)
The Zoning Officer or other legally designated Township personnel shall furnish to the owner, tenant or occupant of the building, structure or premises sought to be inspected, upon his or her request, sufficient identification and information to enable the owner, tenant or occupant to determine the purpose of the inspection and verify that the person is a representative of the Township.
(3)
The Zoning Officer or other legally designated Township personnel may apply to any court of competent jurisdiction for a search warrant or other legal process for the purpose of securing entry to any premises if the owner, tenant or occupant shall refuse to grant entry.
C.
Notification of violation. If it is found by enforcement personnel that any of the provisions of this chapter are being violated, including violation of any conditions and safeguards established in connection with grants of variances, special exceptions, temporary uses, or conditional uses, he or she shall issue a written enforcement notice 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. Indication shall be given of the nature of the violation and the action necessary to correct it. He/she shall order discontinuance of illegal uses of land, building or structure; removal of illegal buildings and structures or additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or prevent violation of its provisions. The enforcement notice shall contain the following information:
(1)
The name of the owner of record and any other person against whom the Township 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 the ordinance.
(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 or the Board of Supervisors within a prescribed period of time in accordance with procedures set forth in this chapter.
(6)
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board or Board of Supervisors, constitutes a violation, with possible sanctions clearly described.
§ 240-110 Violations and penalties.
A.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter, including violation of any conditions and safeguards established in connection with grants of variances, special exceptions, temporary uses or conditional uses, 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 attorneys' 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 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 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 attorneys' fees collected for the violation of this chapter 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. 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.
§ 240-111 Preventative remedies.
A.
In addition to other remedies, the Township may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages, and to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided, and shall not exempt the grantor or grantee from previously required conditions of approvals that have not been complied with.
B.
The Township may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of this chapter, including any required conditions of approvals that have not been completed or effected. The authority to deny such a permit or approval shall apply to any of the following applicants:
(1)
The owner of record at the time of such violation.
(2)
The vendee or the lessee of the owner of record at the time of such violation, without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
(3)
The current owner of record who acquired the property subsequent to the time of violation, without regard as to whether such current owner had actual or constructive knowledge of the violation or actual or constructive knowledge of any outstanding conditions of approval.
(4)
The vendee or lessee of the current owner or record who acquired the property subsequent to the time of violation, without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
C.
As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Township may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.