Lower Providence Township Montgomery County
City Zoning Code
City Zoning Code
ARTICLE XXIII
Violations; Enforcement Remedies; Fines and Charges
§ 143-172 Violations; causes of action.
In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of the Township's Zoning Ordinance, 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 or her property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate legal action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or 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.
§ 143-173 Enforcement notice.
A.
If it appears to the Township a violation of the Zoning Ordinance has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
B.
The 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.
C.
The enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the chapter, and the steps which must be taken to correct the violation.
(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 within a prescribed period of time in accordance with procedures set forth in this chapter and 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 as described herein.
§ 143-174 Enforcement remedies and fines.
A.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of the Township Zoning Ordinance 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.
B.
No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice.
C.
If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.
D.
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 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 District Justice, and thereafter each day that a violation continues shall constitute a separate violation.
E.
All judgments, costs and reasonable attorney fees collected for the violation of the Zoning Ordinance shall be paid over to the Township.
F.
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.
G.
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.
§ 143-175 Charges.
Charges for applications, permits, certificates, etc., shall be as stated in resolutions adopted by the Township Board of Supervisors, in accordance with applicable laws.
§ 143-175.1 Enforceability of conditions.
[Added 1-16-2020 by Ord. No. 662]
The occupation, use, improvement, or maintenance of any building, structure, or land in violation of any condition of approval concerning land development, subdivision, variances, special exceptions, or conditional uses imposed by the Board of Supervisors or the Zoning Hearing Board is prohibited and shall constitute a violation of this chapter. Such violation may be enforced by the Township or an affected property owner in accordance with the enforcement provisions set forth in Article VI of the Pennsylvania Municipalities Planning Code for zoning ordinance violations.