Chadds Ford Township
City Zoning Code
City Zoning Code
ARTICLE XXVIII
Administration and Enforcement
§ 135-212 Zoning officer.
There shall be a Zoning Officer who shall be appointed by the Board of Supervisors and be responsible for the administration and enforcement of this chapter. The Zoning Officer shall meet qualifications established by the Township and shall demonstrate to the satisfaction of the Township experience and a working knowledge of municipal zoning, Subdivision and Land Development standards, and Construction principles. The Zoning Officer shall not hold any elected office in the Township.
§ 135-213 Amendments.
The Board of Township Supervisors may from time to time amend, supplement, change, modify, or repeal this chapter, including the Zoning Map, by proceeding in the manner as set forth in Sections 609, 609.1 and 609.2 of the MPC.
§ 135-214 Enforcement notice.
The provisions of this chapter shall be enforced by the Board of Supervisors.
A.
Whenever it appears to the Township that a violation of any provision of this chapter has occurred, enforcement shall be initiated by the appropriate Township officials (Code Enforcement Officer, Building Officer, Zoning Officer, etc.) by sending an enforcement notice as provided in this section, and in the MPC.
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.
An enforcement notice shall state at least the following:
(1)
The name of the Owner of record and any other Person against whom the Township intends to take actions.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements that have not been met, citing in each instance the applicable provision of this Chapter.
(4)
The date before which the steps for compliance shall be commenced and the date before which the steps shall 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 Chapter.
(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.
§ 135-215 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 provision of this chapter, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township, 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 an Owner 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 to the Board of Supervisors. No such action may be maintained until such notice has been given.
§ 135-216 Violations and penalties.
A.
Any Person, partnership or corporation who or which has violated or permitted the violation of a provision 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 $500, 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 the chapter to have believed that there was not 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 the 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.
§ 135-217 Fees and expenses.
A.
Applications or Appeals before the Board of Supervisors or Zoning Hearing Board.
(1)
Upon submission of an application or appeal before the Board of Supervisors or the Zoning Hearing Board, the Applicant shall deposit an amount of money in accordance with a schedule of Applicant expenses, adopted by Resolution of the Board of Supervisors. The Township Secretary/Treasurer shall have the sole discretion to determine in which category an application falls and, therefore, what amount is due.
(2)
If, at any time, the charges then made against the Applicant's deposit render the balance insufficient to ensure payment of all expenses that may accrue in the disposition of the pending appeal or application, the Township Secretary/Treasurer shall obtain from the Applicant additional deposits to ensure adequate funds to pay such expenses as they may accrue. Prior to the final disposition of the matter, the amount of the deposit shall not be less than 15% of the initial deposit amount. The failure of the Township Secretary/Treasurer to require and obtain additional deposits from time to time shall not relieve the application from liability for expenses in excess of deposits.
§ 135-218 Municipal liability.
The granting of any permit under this chapter shall create no liability upon, nor a cause of action against, any Township official or Employee for damages or injury that may occur from the use, Construction or Enlargement of Structures or the use of the land.