Pocopson Township City Zoning Code
ARTICLE XIV
Administration and Enforcement
§ 250-100 Determination of violations.
§ 250-101 Enforcement notice.
A.
If it appears to the Township that a violation of this chapter has occurred, the Zoning Officer shall indicate enforcement proceedings by sending an enforcement notice. By means of the enforcement notice, the Zoning Officer may order discontinuance of illegal use of land or structures; removal of illegal structures or additions, alterations or structural changes thereto; or discontinuance of any illegal work being done.
B.
The enforcement notice shall be sent to the owner of record of the parcel on which 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.
An enforcement notice shall, at minimum, state the following:
(1)
The name of the owner of record and any other persons 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 this chapter.
(4)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5)
The recipient of the notice has the right to appeal to the Zoning Hearing Board, in accordance with the procedures set forth in this chapter.
D.
In any appeal of an enforcement notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.
[Added 5-12-1997 by Ord. No. 2–1997]
E.
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 5-12-1997 by Ord. No. 2–1997]
§ 250-102 Causes of action.
A.
Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall be signed and shall state fully the causes and basis thereof, and shall be filed with the Zoning Officer. The Zoning Officer shall record properly such complaint, investigate, and take action thereon.
B.
In case any building, structure, hedge, tree, shrub or other growth or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained, or used in violation of this chapter, the Board or the Zoning Officer or any aggrieved owner or tenant or real property who shows that his 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, hedge, tree, shrub or other growth, or use of land, or to prevent in or about such premises any act, conduct, business, or use constituting a violation.
C.
Where any action authorized in Subsection B, above, is instituted by a landowner or tenant, notice of the 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 upon the Board. No such action may be maintained until such notice has been given.
§ 250-103 Violations and penalties.
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. No judgment shall commence or be imposed, levied, or be payable until the date of determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the 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 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 Magisterial District Judge. 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 the Township.
§ 250-104 Fees and expenses.
A.
Permit applications. Fees for building permit applications, certificates of occupancy, and sign permits shall be paid in accordance with a fee schedule adopted by resolution of the Board. Such schedule may be revised, as necessary, by resolution of the Board.
B.
Applications or appeals before the Board of Supervisors or Zoning Hearing Board.
(1)
Upon submission of an application or appeal before the Board of Supervisors or the Zoning Hearing Board, the applicant shall deposit an amount of money in accordance with a schedule of applicant expenses, adopted by resolution of the Board of Supervisors. The Township Secretary/Treasurer shall have the sole discretion to determine in which category an application falls and, therefore, what amount is due.
(2)
If, at any time, the charges then made against the applicant's deposit shall render the balance insufficient to insure payment of all expenses that may accrue in the disposition of the pending appeal or application, the Township Secretary/Treasurer shall obtain from the applicant additional deposits to assure adequate funds to pay such expenses as they may accrue. Prior to the final disposition of the matter, the amount of the deposit shall not be less than 15% of the initial deposit amount. The failure of the Township Secretary/Treasurer to require and obtain additional deposits from time to time shall not relieve the applicant from liability for expenses in excess of deposits.
C.
Miscellaneous expenses. For each certified statement of compliance of any property with the provisions of this chapter, there shall be a fee paid in accordance with a fee schedule adopted by resolution of the Board of Supervisors.
§ 250-105 Municipal liability.
The granting of any permit under this chapter shall create no liability upon, nor a cause of action against, any Township official or employee for damages or injury that may occur from the use, construction or enlargement of structures or the use of land.