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Cheltenham Township
City Zoning Code

ARTICLE XXIX

Violations, Remedies and Changes

§ 295-2900 Violations; causes of action.

A. 
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 the Township's Zoning Ordinance, the Board of Commissioners or, with the approval of the Board of Commissioners, an officer of the Township or any aggrieved owner or tenant of real property who shows that his or her property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate legal 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 Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Commissioners. No such action may be maintained until such notice has been given.

§ 295-2901 Enforcement notice.

A. 
If it appears to the Township a violation of the Zoning Ordinance has occurred, the Township 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. 
The 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 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, and the steps which must be taken to correct the violation.
(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 in accordance with procedures set forth in this chapter, and 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 as described herein.

§ 295-2902 Enforcement remedies and civil penalties.

[Amended 8-21-2024 by Ord. No. 2475-24]
A. 
Any person who shall violate any provisions of this chapter, who fails to correct a violation or take remedial action as ordered by the Zoning Officer or the Township's designee with any requirement of this chapter, or of any rules or regulations adopted pursuant thereto, may be brought before a district justice in the manner provided for the enforcement of a summary offense, a fee of not less than $250 and not more than $1,000 per each violation may be imposed.
B. 
No judgment shall commence or be imposed, levied, or payable until the date of the district justice's judgment.
C. 
Each day that a violation continues shall constitute a separate violation.
D. 
If the defendant neither pays, nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.
E. 
All judgments, costs, and reasonable attorney fees collected for the violation of the Zoning Ordinance shall be paid over to the Township.
F. 
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.

§ 295-2903 Charges.

Charges for applications, permits, certificates, etc., shall be as stated in resolutions adopted by the Board of Commissioners, in accordance with applicable laws.

§ 295-2904 Remedies cumulative.

The rights and remedies available to the Township under this chapter are cumulative and in addition to, and not exclusive of or in substitution for, any rights or remedies otherwise available to the Township under any other chapter, law or statute.