The erection, construction, reconstruction, excavation, alteration, conversion, 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 use of any structure, building, sign, land or required landscaping/screen planting without first obtaining a zoning permit; the use of any building, structure, sign or land without receipt of a certificate of use and occupancy; 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; the use of property for a use different from that set forth in any zoning permit or certificate of use and occupancy which has been granted for the property without applying for and being granted a zoning permit and certificate of occupancy for such new or different use; the failure to comply with any other provisions of this chapter; and the violation of any condition imposed upon the grant of a special exception or variance by the Zoning Hearing Board or by a court, conditional use by the Board of Commissioners or accord of competent jurisdiction if such special exception, variance or conditional use is granted by such court are hereby declared to be violations of this chapter.
A. Notice of violation.
(1) When written notice of a violation of any of the provisions of this chapter has been served by the Zoning Officer on the owner, agent or occupant or contractor, such violation shall be discontinued immediately.
(2) All appeals from determinations by the Zoning Officer under this section shall be made to the Zoning Hearing Board within 30 days of the date of the determination.
B. Causes of action. In case any building, structure, landscaping or land is or is proposed to be erected, constructed, excavated, reconstructed, altered, converted, maintained or used in violation of this chapter, the Township Board of Commissioners or, with the approval of the Township Board of Commissioners, an officer of the Township, 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 or landscaping of 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 the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Township Board of Commissioners. No such action may be maintained until such notice has been given.
C. Enforcement remedies.
(1) 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 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, 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 person, partnership or corporation 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 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 shall be paid over to Lower Allen Township.
(2) 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.
(3) Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
