Enforcement remedies.
A. In the event any building, structure, landscaping, or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained, or used in violation of this chapter, the Board of Supervisors, the Zoning Officer, or any other enforcement officer of the Township, with the Supervisors' approval, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct, or abate such a building, structure, landscaping, or land or to prevent, in or about such premises, any such action, conduct, business, or use constituting a violation of this chapter by giving written notice of such action prior to the time the action is begun in accordance with this article. Written notice shall be given to the owner of the property served by the Zoning Officer or other enforcement officer of the Township, or by certified mail, at least 30 days prior to such action being taken. No such action may be maintained until such notice is given.
B. 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 Zoning Officer, who shall record such complaint, investigate, take action thereon as provided by this article and report to the Supervisors regarding the complaint and the action thereon.
Enforcement notice.
A. Failure to secure a permit prior to the construction, alteration, extension, or demolition of any building or structure; failure to secure a permit prior to a change in use or occupancy of land, buildings, or structures; failure to secure a certificate of use and occupancy permit prior to the use or occupancy of any land, building, or structure; failure to obey or comply with any order or condition of approval of any special exception, variance, conditional use, or other zoning relief ordered by the Zoning Hearing Board or the Board of Supervisors, as applicable; failure to comply with an enforcement notice duly issued by the Zoning Officer or any authorized Township enforcement officer in relation to the provisions of this chapter; failure to take any action required as a condition of any use provisions of this chapter; failure to comply with a lawful directive of the Zoning Officer or any authorized Township enforcement officer issued under the provisions of this chapter; and the undertaking of any deliberate action which is contrary to the terms of this chapter shall constitute a violation of this chapter, and the Zoning Officer shall initiate enforcement proceedings by sending notice thereof as provided in this chapter. Enforcement proceedings shall commence when it appears that a violation of any provisions of this chapter occurs. By means of the enforcement notice, the Zoning Officer may order the discontinuance of illegal use of the land or structure(s), removal of illegal structure(s) thereto, or discontinuance of any illegal work being done. Upon receipt of such notice, discontinuance of the violation shall occur immediately.
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 such a notice regarding that parcel, and to any other person requested in writing by the owner of record of the parcel.
C. The enforcement notice shall state at least the following:
(1) The name of the owner of record and any other person 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 a prescribed period of time in accordance with the procedures set forth in this chapter.
(6) That failure to comply with the notice, within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation with possible sanctions clearly described.
D. In any appeal of an enforcement notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.
E. Any filing fees 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.