Darlington Township
City Zoning Code
City Zoning Code
ARTICLE XX
Enforcement Remedies
§ 172-180 Notice of violation.
Failure to comply with any provision of this chapter shall be considered a violation of this chapter.
A.
Written notice of violation. Written notice of a violation of any of the provisions of this chapter shall be given by certified mail, return receipt requested, by the Zoning Officer to the owner, agent or occupant, contractor or builder involved. Such violation shall be discontinued immediately upon receipt of the notice and corrective action designed to remedy the identified violation shall commence within the time specified in said notice.
B.
The notice of violation for the purpose of enforcement of the provisions of this chapter shall contain 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 describing requirements not met and the applicable provisions of this chapter violated.
(4)
Dates for commencement of compliance activity and dates by which compliance must be achieved.
(5)
That the recipient of the violation notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in Article XVI.
(6)
That failure to comply within the time specified unless extended by appeal to the Zoning Hearing Boards, constitutes a violation with possible penalties resulting.
§ 172-181 Violations and penalties.
A.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter, upon being found liable therefor in a civil enforcement proceeding commenced by the Township of Darlington, shall pay a fine of not more than $500, plus all court costs, including reasonable attorneys' fees incurred by the Township as a result thereof. No judgment shall 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 determines that there was a good faith basis for the responsible person, partnership or corporation to have believed that there was no such violation. In such 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 of Darlington.
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.
§ 172-182 Remedies.
Where a building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, or of any ordinance or other regulation made under the authority of this chapter, the designated agent of the Township, in addition to other remedies, may institute in the name of Darlington Township any appropriate action or proceedings to prevent, such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use. Such remedy shall be instituted to restrain, correct or abate the identified violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.