Ohara Township City Zoning Code
ARTICLE XXI
Miscellaneous Provisions
§ 455-21.1 Appeals to court.
§ 455-21.2 Severability.
Should any section or provision of this chapter or the application of any provision to particular circumstances be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. In such case, should any section or provision be declared invalid or void, and the effect would be that there be no zoning, regulations or standards in effect which would be applicable to the particular lot or situation, then the zoning, regulations and standards which were in effect and adopted pursuant to Ordinance No. 1091 of December 17, 2002, shall apply.[1]
[1]
Editor's Note: Said ordinance is the Township's 2002 Zoning Ordinance.
§ 455-21.3 Enforcement remedies.
A.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of any Zoning Ordinance enacted under this act or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by O'Hara Township, pay a judgment of not more than $1,000 plus all court costs, including reasonable attorney fees incurred by O'Hara Township 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 Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, O'Hara 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 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 Magisterial District Judge, 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 zoning ordinances shall be paid over to O'Hara Township.
B.
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.
C.
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than O'Hara Township the right to commence any action for enforcement pursuant to this section.
§ 455-21.4 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 any ordinance enacted under the Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] or prior enabling laws, Township Council, or with the approval of Township Council, an officer of O'Hara Township, or any aggrieved owner or tenant of real property who shows that their 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, 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 O'Hara Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on Township Council of O'Hara Township. No such action may be maintained until such notice has been given.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 455-21.5 Repealer.
All ordinances or parts thereof in conflict with this chapter, or inconsistent with the provisions of this chapter, are hereby repealed to the extent of the conflict to give this chapter full force and effect.
§ 455-21.6 When effective.
This Ord. No. 1361 amending Chapter 72, Zoning, of the 1978 Codified Ordinances of O'Hara Township, Allegheny County, Pennsylvania, shall become effective immediately upon its passage.