Chapter 22 - Part 9 - Penalties

PART 9

 

PENALTIES

 

 

§901. ENFORCEMENT AND PENALTIES.

 

1.       It shall be unlawful for any person, partnership, corporation or any other entity or organization, who or which being the owner or agent of the owner of any lot, tract or parcel of land, (a) to lay out, construct, open or dedicate any street, sanitary sewer, water main or other improvements intended for public use, travel or other purposes or for the common private use of occupants of buildings abutting thereon or to be served thereby, or (b) to transfer, sell, convey, lease or agree to transfer, sell, convey or lease any lot, piece, parcel or tract of land in a land development, whether by reference to or by other use of a plot or such land development, or erect any building or other structure thereon, unless and until a final plot has been prepared in full compliance with the provisions of this Chap­ter and of any regulations adopted hereunder and recorded as provided herein, or (c) to otherwise violate the provisions of this Chapter, or (d) to construct, install or otherwise provide any improvements in violation or disregard of the terms or conditions of the approval of any final plan. 

 

2.       Any person, partnership, partner of a partnership, corporation, officer of a corporation or other entity who is responsible for any prohibited act hereunder, who shall violate any of the foregoing provisions of this Chapter shall, upon being found liable therefore in a civil enforcement proceeding after hearing before a District Justice, pay a judgment not exceeding $500 plus all court costs, together with Township's reasonable attorney fees incurred as a result of such violation; and (a) where such prohibited action results in the development of land, such fine or penalty shall be multiplied times the number of lots, parcels, pieces or tracts of land subdivided, and (b) which such prohibited action results in the construction of buildings or other improvements, such fine or penalty shall be multiplied times the number of buildings or other improvements or the number of individual dwellings or other intended separate units within any building or structure.  Each day that a violation continues shall constitute a separate violation.  All such judgments shall be paid to the Township. 

 

3.       The description of land or other improvements by metes and bounds in the instrument of transfer or other document used in the process of selling, transfer­ring, conveying or leasing shall not excuse or exempt the transferor or lessor from the penalties or other remedies provided herein. 

 

4.       In the event that any person, partnership, corporation or any other entity fails or refuses to comply with the provisions of this Chapter or the terms and condi­tions of any final plan, and in addition to the penalty provisions provided herein­above, the Township, acting by and through its duly appointed Township Manager, shall have the right, without further authority from the Township Commissioners, to institute appropriate actions at law or in equity to restrain or enjoin violation, to abate any actions or remove any improvements performed in violation hereof, or to otherwise effect compliance with this Chapter.

 

(Ord. 95-1, 2/2/1995, §901)

 


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