This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania

Tag: enforcement notice

Borough of Parkesburg v. Rzonca, No. 1393 C.D. 2017 (Pa. Commw. Ct. December 17, 2018).

In this appeal from a decision of the Court of Common Pleas of Chester County, the Commonwealth Court held that a property owner subject to an enforcement notice under the International Property Maintenance Code of 2009 (the “Code”), can be deemed to have been placed on notice of alleged Code violations, even if the enforcement notice was facially defective, without running afoul of the property owner’s due process rights.

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Municipalities Cannot File Enforcement Actions Until All Appeals of Underlying Violation Exhausted

In this zoning enforcement dispute out of Montgomery County, the Borough of West Conshohocken sought to obtain $130,500 in penalties for an ongoing zoning violation that had accrued while the property owner’s challenged the violation notice in court.  Concluding that the enforcement action was premature, the Commonwealth Court held that the Borough was not entitled to impose fines while the underlying appeal remained pending.

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