MapLink™ | Procedures | Authority and Purpose

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Authority and Purpose
Causes of Action.
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 chapter the Shrewsbury Township Board of Supervisors or with the approval of the Shrewsbury Township Board of Supervisors, an officer of Shrewsbury 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, landscaping or land, or to prevent, in or about such premises, any act, conduct, business, or use constituting a violation. When a landowner or tenant institutes any such action, notice of that action shall be served upon Shrewsbury Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Shrewsbury Township Board of Supervisors. No such action shall be maintained until such notice has been given.

Enforcement Remedies.
Any person, partnership or corporation who or which has violated or permitted the violation of any provision of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by Shrewsbury Township, pay a judgment in the amount of $500 plus all court costs, including reasonable attorney fees incurred by Shrewsbury Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Justice. 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 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 the determination of a violation by the Magisterial District Justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to Shrewsbury Township

Conflict with Other Laws.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of health, safety, morals, and the general welfare of Shrewsbury Township and its citizens. It is not intended by this chapter to interfere with or abrogate or annul any rules or regulations previously adopted or permits previously issued by Shrewsbury Township, which are not in conflict with any provisions of this chapter, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants, building restrictions or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of the buildings or premises or upon the height of the building, or requires a larger open space than is imposed or required by such ordinance, rules, regulation, or permits or by easements, covenants, building restrictions or agreements, the provisions of this chapter shall control.

See Part 1: TITLE, AUTHORITY, AND PURPOSE for complete, detailed information.