Willistown Township
City Zoning Code
City Zoning Code
ARTICLE XXIV
Violations; Penalties; Remedies; Liability
§ 139-137 Violations defined.
It shall be a violation of this chapter to undertake any action which is contrary to the terms of this chapter, including but not limited to the failure to obtain a permit as stipulated in Article XIV.
§ 139-138 Enforcement notice.
A.
If it appears to the Township that a violation of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice. By means of the enforcement notice, the Zoning Officer may order discontinuance of any 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 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.
An enforcement notice shall, at a 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)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 30 days, in accordance with the procedures set forth in this chapter.
§ 139-139 Causes of action; notice.
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, 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 of 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 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 upon the Board. No such action may be maintained until such notice has been given.
§ 139-140 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's 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 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. Thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney's fees collected for the violation of this chapter shall be paid over to the Township.
§ 139-141 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.