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South Annville Township Lebanon County
City Zoning Code

PART 20

Administrative Matters

§ 2001. Schedule of Fees, Charges, and Expenses.

   1.   The Township Supervisors shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, Certificates of Zoning Compliance, appeals, and other matters pertaining to this Chapter. The schedule of fees shall be posted in the office of the administrative official, and may be altered or amended only by the Township Supervisors.
   2.   Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or application of appeal.
(Ord. 7/8/1978, Art. 22)

§ 2002. Amendments.

   1.   The regulations, restrictions, and boundaries set forth in this Chapter may from time to time be amended, supplemented, changed, or repealed provided, however, that no such action may be taken until after a public hearing in relation thereto by the Township Supervisors, at which parties in interest and citizens shall have an opportunity to be heard. At least fourteen (14) days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the Township at least once in each of two (2) successive weeks.
   2.   If the amendment is initiated by any party other than the municipal planning agency or county planning agency, the governing body shall submit each amendment to the municipal planning agency and/or county planning agency at least thirty (30) days prior to the hearing on such proposed amendment to provide these agencies with an opportunity to submit recommendations. If after any public hearing held upon an amendment, the proposed amendment is revised, or further revised to include land previously not affected by it, the governing body shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
(Ord. 7/8/1978, Art. 23)

§ 2003. Provisions of Ordinance Declared to be Minimum Requirements.

In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this Chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standards shall govern.
(Ord. 7/8/1978, Art. 24)

§ 2004. Complaints Regarding Violations.

Whenever a violation of this Chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the administrative official. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this Chapter.
(Ord. 7/8/1978, Art. 25)

§ 2005. Violations.

The construction, alteration, maintenance or use of any structure, building, sign, land, or landscaping or the change of use, area of use, percentage of use or displacement of the use of any structure, building, sign, land or landscaping without first obtaining a permit; or the use of any building, structure, sign or land without receipt of a certificate of use and occupancy; or the use or maintenance of any building, structure, sign or land for a use or in a manner which is not in accordance with the provisions of this Chapter; or the use of property for a use different from that set forth in any zoning or certificate of zoning compliance which has been granted for the property without applying for and being granted a permit and certificate of zoning compliance for such new or different use; or the excavation, grading of or earthmoving activities on any property in preparation for the erection of a structure or change in use of a property without first obtaining a permit; or the failure to comply with any other provision of this Chapter; or the violation of any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or a conditional use by the Board of Supervisors or by a court of competent jurisdiction if a special exception, variance or conditional use is granted by such court are hereby declared to be violations of this Chapter. The owner or tenant of any land or structure or parts thereof and any architect, builder, contractor, agent or other person who commits, assists in or maintains a violation shall also be considered to have violated this Chapter and shall be subject to penalties and remedies for such violation.
(Ord. 7/8/1978, Art. 26; as amended by Ord. 91102, 9/11/2002, § 8)

§ 2006. Enforcement Notice.

If it appears to the Zoning Administrator that a violation of this Chapter shall exist, the Zoning Administrator shall send an enforcement notice to the owner of record of the lot on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that lot, to any other person requested in writing by the owner of record, and to any person against whom the Township may bring an enforcement action. The enforcement notice shall contain the name of the owner of record and any other persons against whom the Township may take action, the location of the property in violation, the specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this Chapter, the date before which steps for compliance must be commenced and that date before which the steps must be completed, that the recipient of the enforcement notice has the right to appeal to the Zoning Hearing Board within thirty (30) days, and that a failure to comply with the notice within the time specified, unless extended by an appeal to the Zoning Hearing Board, constitutes a violation with sanctions as provided in this Chapter.
(Ord. 7/8/1978; as amended by Ord. 91102, 9/11/2002, § 8)

§ 2007. Enforcement Action.

If the enforcement notice is not complied with promptly, the Zoning Administrator shall notify the Board of Supervisors. The Board of Supervisors may request the Township Solicitor to institute in the name of the Township any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the structure, building, sign, landscaping or land in violation of the provisions of this Chapter or the order or direction made pursuant thereto. The Board of Supervisors may also direct the Zoning Administrator or Township Solicitor to institute a civil enforcement proceeding before a district justice.
(Ord. 7/8/1978; as amended by Ord. 91102, 9/11/2002, § 8)

§ 2008. Penalties.

Any person 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 Five Hundred ($500.00) Dollars plus all court costs, including the reasonable attorneys' fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be 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 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 a district justice determining that there has been a violation further determines that there was a good faith basis for the person violating this 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 that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of this Chapter shall be paid over to the Township for the general use of the Township.
(Ord. 7/8/1978; as amended by Ord. 91102, 9/11/2002, § 8)

§ 2009. Remedies.

In case any building, structure, sign or landscaping is erected, constructed, reconstructed, altered, repaired, converted, or maintained; or any building, structure, sign or land is used; or any hedge, shrub, tree, or other growth is maintained in violation of this Chapter or of any of the regulations made pursuant thereto or any of the permits or certificates of use and occupancy or certificates of use issued under this Chapter; or any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or upon the grant of a conditional use by the Board of Supervisors, then in addition to any other remedies provided by law, any appropriate action or proceeding may be instituted or taken to prevent or restrain such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to prevent any illegal act, conduct, business or use in and about such premises.
(Ord. 7/8/1978; as amended by Ord. 91102, 9/11/2002, § 8)

§ 2010. Separability Clause.

Should any Section or provision of this Chapter 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.
(Ord. 7/8/1978, Art. 27; as amended by Ord. 91102, 9/11/2002, § 8)

§ 2011. Repeal of Conflicting Ordinances; Effective Date.

All ordinances or parts of ordinances in conflict with this Zoning Chapter, or inconsistent with the provisions of this Chapter, are here repealed to the extent necessary to give the Chapter full force and effect. This Chapter shall become effective on July 13, 1978.
(Ord. 7/8/1978, Art. 28; as amended by Ord. 91102, 9/11/2002, § 8)