Lower Frederick Township
City Zoning Code
City Zoning Code
ARTICLE XXII
Enforcement; Violations and Penalties
§ 170-166 Investigation and abatement of violations.
A.
It shall be the duty of the Zoning Officer to take cognizance of violations of this chapter. He/she shall investigate each violation which comes to his/her attention, whether by observation or communication. He/she shall order in writing the correction of such conditions as are found to be in violation of this chapter.
B.
Failure to secure a permit or Zoning Hearing Board approval when required, previous to the erection, construction, extension, or addition to a building, shall be a violation of this chapter.
§ 170-167 Enforcement notices.
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 this 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 by the notice, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
§ 170-168 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 Board of 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 Board of Supervisors immediate initiation of a civil enforcement proceeding.
§ 170-169 Violations and penalties.
A.
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.
(1)
No judgment shall commence or be imposed, levied or payable until the date of determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
(2)
Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good-faith basis for the person, partnership or corporation violating the 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 District Justice, and thereafter each day shall constitute a separate violation.
(3)
All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township.
(4)
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.
B.
Causes of action. An aggrieved owner or tenant of real property who shows that his/her 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.
(1)
When any action is instituted by a landowner or tenant, the Township shall be notified at least 30 days prior to the time the action is begun.
(2)
Notice must given by serving a copy of the complaint to the Board of Supervisors. No action may be maintained until such notice has been given.
§ 170-170 Fees and charges.
The fees for permits, applications for special exceptions, applications for variances, Zoning Hearing Board certificates, etc., and other charges associated with this chapter shall be fixed in accordance with a fee schedule adopted by a resolution of the Township Board of Supervisors upon the enactment of this chapter, and such schedule may be amended from time to time by resolution of the Township Board of Supervisors.
