§ 5208. Failure to adopt or implement bluff setback ordinances
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 32 P.S. Forests, Waters and State Parks
32 P.S. § 5208
§ 5208. Failure to adopt or implement bluff setback ordinances
(d) If within 90 days of the receipt of a notice of violation, the department determines that the municipality has failed to comply with the requirements of this act, the department shall issue an administrative order to the municipality and its officers specifying the actions necessary to correct the violation and to achieve full compliance with the requirements of this act. Any order issued under this section shall take effect upon receipt of notice unless the other specifies otherwise.
(e) Any municipality or municipal officer who violates or fails to comply with an order of the department issued pursuant to subsection (d), from which no appeal has been taken, or which has been sustained on appeal, or which has been appealed but where no supersedeas has been granted, shall be deemed to be in contempt of such order. Upon petition and certification of such order by the department, the Commonwealth Court or the court of common pleas of the county where the municipality is located, shall, if it finds that the respondent municipality or officer is not in compliance with the order, adjudge the respondent in contempt of the order and shall assess civil penalties of an amount not less than $100 nor greater than $1,000 per violation plus $200 for each continuing day of violation. Where the respondent has not as of the date of hearing before the court complied with the order of the department or board, the court shall specifically order the respondent to immediately and fully comply with such order, and may issue any further order as may be appropriate.
Credits
1980, May 13, P.L. 122, No. 48, § 8, imd. effective.
32 P.S. § 5208, PA ST 32 P.S. § 5208
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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