MapLink™ | Procedures | Violations and Penalties

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Violations and Penalties
Notice of violation.

A. In the event of a violation of this chapter, the Township shall send a written notice of violation to the owner by personal delivery or by both United States first-class and certified mail.

B. The enforcement notice shall identify the premises which is the subject of the violation, enumerate the conditions which constitute the violation, cite the specific sections of this chapter which are violated, indicate the action required to correct the violation, and provide a time frame (established by the Township based upon the nature of the violation) to correct the violation.

Public nuisance.

In the interest of promoting the public health, safety, and welfare of the Township of Tobyhanna residents and guests and minimizing the burden on Township and community services and impacts on residential neighborhoods posed by STRs, a violation of any of the provisions of this chapter is declared to be a public nuisance.

Violations and penalties.
 
A. If there is reason to believe that any provision of this chapter is being violated, the Township may or may, upon consent, cause entry onto property for the purpose of inspection of the entire premises, properties, buildings, and/or structures located within the Township for ascertaining the existence of violations.

B. In matters where the nature of an alleged violation potentially harms the safety, security, and welfare of the occupants or the surrounding community, and provided there is no apparent immediate emergent threat, an inspection of the interior of a building or structure will be conducted, and prior arrangements must be made with the STR owner or person in charge to secure access thereof with 48 hours' notice.

C. In the event evidence of a violation with a more immediate threat is presented to the Township, the Zoning Officer, with the assistance of the local police, has the right to reasonably waive the rule requiring a minimum of 48 hours' notice.

D. This chapter shall be enforced by action brought before a Magisterial District Judge in the same manner provided for in the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.

E. Any person, partnership, corporation, or other entity who or which violates or permits a violation of the provisions of this chapter shall, upon conviction in a summary proceeding, pay a fine of not less than $1,000 nor more than $3,000 per violation, plus all court costs and reasonable attorney's fees incurred by the Township of Tobyhanna in the enforcement proceedings, and/or be imprisoned to the extent allowed by law for the punishment of summary offenses.

F. Each day or portion thereof ending at 11:59 p.m. that a violation exists or continues shall constitute a separate violation.

G. The appropriate officers or agents of the Township of Tobyhanna are hereby authorized to seek equitable relief, including injunction to enforce compliance with this chapter.

H. All fines, penalties, costs, and reasonable attorney's fees collected for the violation of this chapter shall be paid to Tobyhanna Township for its general use.

I. In addition to, but not in limitation of, the provisions of Subsection A and § 114-13, the Township may either revoke, or deny an application to renew, an STR permit for three uncured or repeated violations of this chapter in any rolling twelve-calendar-month period.

J. The revocation or denial to renew a short-term rental permit shall continue for one-year for the first set of two uncured or repeated violations and continues for three years for any subsequent set of violations.

K. False/nuisance reporting shall be prohibited by this chapter. Any person who reports an alleged violation of this chapter to the Township knowing that it did not occur shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, together with costs, including reasonable attorney fees.

Owners severally responsible.

If the premises are owned by more than one owner, each owner shall severally be subject to prosecution for a violation of this chapter.