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East Earl Township City Zoning Code

ARTICLE XXV

Violations and Enforcement

§ 450-198 Violations.

A violation of the Zoning Ordinance shall occur when:
A. 
Construction, excavation, alteration, maintenance or use of any structure, building, sign, land, or landscaping or the change of use, area of use, percentage of use or displacement of use of any structure, building, sign, land, or required landscaping/screen planting occurs without first obtaining a zoning permit.
B. 
The use or maintenance of any building, structure, sign, or land for a use or in a manner which is not in accordance with the provisions of this chapter.
C. 
The use of property occurs for a use different from that set forth in any building permit or certificate of use and occupancy which have been granted for the property without applying for and being granted a building permit and certificate of occupancy for such new or different use.
D. 
There is a failure to comply with any other provisions of this chapter; or there is a violation of any condition imposed upon the grant of a special exception or variance by the Zoning Hearing Board or of a conditional use by the Board of Supervisors, or by a court of competent jurisdiction, if such special exception, variance or conditional use is granted by such court.

§ 450-199 Complaints regarding violations.

The Zoning Officer may, and when in receipt of a signed written complaint stating fully the cause and basis thereof, shall investigate alleged violations of the Zoning Ordinance. If a signed written complaint is received, said investigation shall be completed within 15 days of said complaint. A written report of all investigations of the Zoning Ordinance shall be prepared and filed by the Zoning Officer and a copy sent to the Board of Supervisors. If, after the investigation, the Zoning Officer determines that a violation has occurred, he shall take action as provided by the Zoning Ordinance.

§ 450-200 Enforcement.

If it appears that a violation of any of the provisions of this Zoning Ordinance has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided below:
A. 
The enforcement notice shall be sent by first class mail and certified mail to the owner of the 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.
B. 
An enforcement notice shall state at least the following:
(1) 
The name of the owner of record and any other person against whom East Earl Township intends to take action.
(2) 
The location of the property in question.
(3) 
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the Zoning 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 in accordance with the terms and procedures stated in Article XXIV of this Zoning Ordinance.
(6) 
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, clearly constitutes a violation, with possible sanctions clearly described.

§ 450-201 Causes of action.

In case any building, structure, landscaping of land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Township Board of Supervisors or, with the approval of the Township Board of Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his 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 of 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 Township Board of Supervisors. No such action may be maintained until such notice has been given.

§ 450-202 Enforcement remedies.

A. 
Following the issuance of any notice of violation by the Zoning Officer, and should said notice not be complied with within the time period specified in the notice of violation, the Zoning Officer shall notify the Board of Supervisors and the Township Solicitor may be asked to initiate in the name of the Township any appropriate action or proceedings at law or in equity to prevent such actions as specified in said notice.
B. 
Any person, partnership or corporation, who or which has violated or permitted the violation of the provisions 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 person, partnership or corporation violating the ordinance 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 attorney fees collected for the violation shall be paid over to East Earl Township.