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East Vincent Township
City Zoning Code

PART 23

ENFORCEMENT

§ 27-2301 Violations.

[Ord. 162, 6/12/2002, § 2300]
It shall be a violation of this chapter to undertake any action which is contrary to the terms of this chapter.

§ 27-2302 Enforcement Notice.

[Ord. 162, 6/12/2002, § 2301]
1. 
If it appears to the Township that a violation of this chapter has occurred, the Code Enforcement Officer shall initiate enforcement proceedings by sending an enforcement notice as provided in this section. By means of the enforcement notice, the Code Enforcement Officer may order discontinuance of illegal use of land or structures; removal of illegal structures or additions, alterations, or structural changes thereto; or discontinuance of any illegal work being done. The Township Secretary, Solicitor, Chief of Police, members of the Township Police Department, and any other persons designated from time to time by the Board of Supervisors would also be authorized to enforce this chapter.
2. 
The enforcement notice shall be sent via certified mail 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.
3. 
An enforcement notice shall, at minimum, state the following:
A. 
The name of the owner of record and any other persons against whom the Township intends to take action.
B. 
The location of the property in violation.
C. 
The specific violation, with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
D. 
The date on which the steps for compliance must be commenced and the date on which the steps must be completed.
E. 
That the recipient of the notice has the right to appeal to the Zoning Hearing Board, in accordance with the procedures set forth in this chapter.
F. 
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation with the possibility of sanctions, as provided in § 27-2304 of this chapter.

§ 27-2303 Causes of Action.

[Ord. 162, 6/12/2002, § 2302]
1. 
Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint with the Township. Such complaint shall be signed, shall state fully the causes and basis thereof, and shall be filed with the Code Enforcement Officer. The Code Enforcement Officer shall record properly such complaint, investigate, and take action thereon.
2. 
Where any building, structure, hedge, tree, shrub or other growth, or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained, or used in violation of this chapter, the Board of Supervisors or the Code Enforcement Officer 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, hedge, tree, shrub or other growth, or use of land, or to prevent, in or about such premises, any act, conduct, business, or use constituting a violation.
3. 
Where any action authorized in Subsection 2, above, 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 upon the Board of Supervisors. No such action may be maintained until such notice has been given.

§ 27-2304 Enforcement Remedies.

[Ord. 162, 6/12/2002, § 2303; as amended by Ord. 185, 8/2/2006]
1. 
Any person, partnership, or corporation who has received a notice of violation from the Code Enforcement Officer may either correct the violation within the allotted time period, or if believed to be wrongfully served, promptly file an appeal with the Zoning Hearing Board pursuant to § 27-2006 of this chapter.
2. 
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 be 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 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. Thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs, and reasonable attorney fees collected for the violation of this chapter shall be paid over to the East Vincent Township.
3. 
In addition to the above remedies, the Board of Supervisors may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this chapter.