Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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7 Pa. Code § 138e.206. Enforcement actions.

§ 138e.206. Enforcement actions.

 (a)  Sixty days after the mailing of a notice of violation under §  138e.205 (relating to notification to owner), the county board shall commence and pros-ecute an action in the court of common pleas of the county in which the restricted land is located seeking an order requiring correction of the violation, enjoining further violation of the terms of the easement, and other appropriate relief, unless the county board does one of the following:

   (1)  Determines with the State Board that the violation has been corrected.

   (2)  Completes the following requirements:

     (i)   Determines that the owner of the restricted land has commenced the necessary corrective measures, or determines that the necessary corrective measures cannot reasonably be completed within the 60-day period described in this subsection.

     (ii)   Established a period not to exceed 1 year within which the corrective measures shall be completed.

 (b)  The county board shall commence and prosecute the enforcement action described in subsection (a) if the violation is not corrected within the time established under subsection (a)(2)(ii).

 (c)  The owner of the restricted land shall bear the costs associated with the correction of a violation of the easement, including:

   (1)  Costs of work required and materials used to correct the violation.

   (2)  Administrative costs incurred by the county board and the State Board.

   (3)  Court costs and reasonable attorneys’ fees incurred by the county board and the State Board in enforcing the easement.

 (d)  If the county board fails to institute and prosecute a timely enforcement action, the State Board may institute the action and recover costs incurred, including reasonable attorneys’ fees, from the county board or the owner of the restricted land, or both.

Source

   The provisions of this §  138e.206 amended December 26, 1997, effective December 27, 1997, 27 Pa.B. 6782. Immediately preceding text appears at serial pages (202929) to (202930).

Cross References

   This section cited in 7 Pa. Code §  138e.21 (relating to inspection and enforcement of an easement).



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