Limerick Township City Zoning Code
ARTICLE IV
Enforcement
§ 184-21 Violations.
It shall be the duty of the Zoning Officer to take cognizance of violations of this chapter. He shall investigate each violation which comes to his attention, whether by observation or communication. He shall order, in writing, the correction of such conditions as are found to be in violation of this chapter.
§ 184-22 Enforcement notice.
An 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. The notice of enforcement shall include:
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 that have not been met, citing in each instance the applicable provisions of the chapter.
D.
The date on which expires the period in which compliance with the chapter is to be achieved.
E.
A statement describing the recipient's right to appeal to the zoning hearing board within 30 days of receipt of the notice.
F.
A statement 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.
§ 184-23 Enforcement proceedings.
A.
If a violation is not corrected within the period specified by the enforcement notice, it shall be the duty of the Zoning Officer to notify the Township Supervisors, who shall take necessary action to correct the violation, which action may include initiation of a civil enforcement proceeding.
B.
Where, in the opinion of the Zoning Officer, a violation presents peril to life or property, the Zoning Officer may recommend to the Supervisors immediate initiation of a civil enforcement proceeding.
C.
In any appeal of an enforcement notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.
[Added 6-2-1998 by Ord. No. 196]
D.
Any filing fee paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Township if the Zoning Hearing Board, or any court in a subsequent appeal, rules in the appealing party's favor.
[Added 6-2-1998 by Ord. No. 196]
§ 184-24 Penalties; civil actions.
A.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this zoning 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. Each day that the violation continues shall constitute a separate violation.
B.
Causes of action. An aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by an alleged violation of this chapter may institute any appropriate action or proceeding to prevent, restrain, correct or abate the violation.
§ 184-25 Fee Schedule.
The fees for permits, applications for special exceptions, applications for variances, Zoning Hearing Board certificates, etc., and other charges associated with this zoning chapter shall be fixed in accordance with a Fee Schedule adopted by a resolution of the Board of Supervisors, and such schedule may be amended from time to time by resolution of the Board of Supervisors.[1]
[1]
Editor's Note: The fee schedule is on file in Township offices.