Enforcement. (175-124)
It shall be the duty of the Zoning Officer and he is hereby given the power and authority to enforce the provisions of this chapter by the issuance of stop, cease or desist orders or by other means. Permits for construction and use which are a special exception to the requirements of this chapter shall be issued only upon the order of the Zoning Hearing Board. The Zoning Officer is authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his or her employment.
Enforcement notices. (175-129)
A. If it appears to the Township that a violation of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided herein. 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 an enforcement notice regarding that parcel and to any other person requested, in writing, by the owner of record.
B. 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 the chapter.
(4) The date before which the steps for compliance must be commenced and the date before which 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 procedures set forth in the chapter.
(6) That the failure to comply with the notice within the time specified, unless extend by appeal to the Zoning Hearing Board, constitutes a violation.
C. In any appeal of an enforcement notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.
D. 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 of competent jurisdiction in a subsequent appeal rules in the appealing party's favor.
