Loyalsock Township City Zoning Code
ARTICLE XVII
Enforcement
§ 215-110 Enforcement by Zoning Officer.
It shall be the duty of the Zoning Officer, and he is hereby given the power and authority to enforce the provisions of this chapter. He shall examine all applications for permits, issue all permits for construction and uses which are in accordance with the requirements of this chapter, record and file all applications for permits with accompanying plans and documents and make such reports as the Board of Supervisors may require. Permits for construction and uses which are a special exception or a variance to requirements of this chapter shall be issued only upon written order of the Zoning Hearing Board.
§ 215-111 Violations.
Failure to comply with any provision of this chapter. Failure to secure a zoning permit or Zoning Hearing Board Certificate, when required, previous to erection, addition, remodeling, alteration or use of any building, structure or land, or portion thereof, or prior to the change or extension of a nonconforming use, building or structure, shall be a violation of this chapter.
A.
Notice of violation. 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 owners of record. The enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom the municipality 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 this chapter.
(4)
The date before which the steps for compliance must be commenced and the date before which steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board, provided that said appeal is made to the Zoning Hearing Board within 30 days from receipt of the written notice of violation in accordance with procedures set forth in this chapter.
(6)
That failure to comply with the written notice within 30 days from receipt of the written violation notice, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
B.
Enforcement remedies. 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 in a civil enforcement proceeding commenced by the municipality, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the municipality 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 District Justice. If the defendant neither pays nor timely appeals the judgment, the municipality 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 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 this chapter to have believed that there was not 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. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to Loyalsock Township.
C.
Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this article, or of any ordinance or other regulation made under authority conferred hereby, the governing body or, with the approval of the governing body, the Zoning Officer or other proper official, in addition to other remedies may institute in the name of the township any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
D.
Nothing contained herein shall be constructed to prevent the municipality from undertaking any action in equity to enforce the provisions of this chapter.
§ 215-112 Interpretation, purpose and conflict.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare of the township. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinance of the township, provided that where this chapter imposes a greater restriction upon the use of buildings or premises, or upon the height of a building or requires larger open spaces than are imposed by such other rules, regulations or ordinance, the provisions of this chapter shall control.