(Ordinances on this page are provided as a convenience. They are not official copies. An official copy of any
ordinance can be obtained through the township secretary at 814-288-1400 or supers@contwpsupers.us)

Conemaugh Township Zoning Ordinance

ARTICLE XII - VIOLATION AND PENALTY

REWRITTEN AS AMENDED BY ORDINANCES 413, 414, 423, 442, 443, 555, 557, 560, 569, 569A, 582, 583, 593, AND 594, AND AS ACCEPTED BY THE PLANNING COMMISSION ON SEPTEMBER 12, 1995 AND THE SUPERVISORS ON SEPTEMBER 14, 1995.

 

1201 (Zoning Amendment #593 - 12/13/90)

In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this ordinance, the Township Supervisors or, with the approval of the Township Supervisors, the Zoning Officer, or any aggrieved owner or tenant or 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, landscaping or 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 thirty (30) days prior to the time the action is begun by serving a copy of the complaint on the Township Supervisors. No such action may be maintained until such notice has been given.

 

1202

(a) Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Zoning Ordinance shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay a judgement of not more than $500.00 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgement shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgement, the Township may enforce the judgement 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 determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation. All judgements, costs, and reasonable attorney fees collected for the violation of zoning ordinances shall be paid over to the Township.

(b) 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.