Warwick Twp. v. J. Winters and J. Winters
Warwick Twp. v. J. Winters and J. Winters - 2071 C.D. 2016
| Pa. Commw. Ct. | Jul 21, 2017Background
- Jaime and Jason Winters own a rental property in Warwick Township with a detached two-story structure (formerly a garage) that a prior owner converted into living space; no zoning permit or variance was obtained.
- Township Zoning Officer Joseph Boulanger issued a Violation and Cease and Desist Enforcement Notice alleging the detached structure was a second dwelling, directing cessation within 15 days and advising a 30-day right to appeal to the Zoning Hearing Board (ZHB).
- The Winters did not appeal the notice and initially denied the structure was a dwelling while refusing immediate inspection; Township later inspected and documented finished living-space features (kitchen area, bedroom, heating, separate meter, appliances, TV, etc.).
- Township obtained a default judgment at the magisterial level for $500 plus costs; it appealed to common pleas to recover attorney fees not awarded by the magistrate.
- At de novo trial, the court found the Winters had not credibly shown they ceased the violating use within 15 days, imposed a $500 fine plus filing fee, and awarded substantial attorney fees (~$19,002.99).
- The Commonwealth Court affirmed liability and the sufficiency of the enforcement notice, but vacated the attorney-fee award in part and remanded to exclude fees unrelated to enforcing the zoning violation (e.g., fees solely for fee-collection or UCC claims).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Enforcement Notice complied with MPC §616.1(c) so as to allow civil enforcement | Township: Notice complied and informed Winters of right to appeal and 15-day cure period | Winters: Notice ambiguous about whether timely compliance would avoid enforcement remedies and thus deprived them of meaningful right to appeal | Court: Notice met statutory requirements; Winters were informed of right to appeal and chose not to for financial reasons; enforcement notice unassailable for failure to appeal |
| Whether the court could revisit whether a zoning violation existed at the de novo hearing after no ZHB appeal | Winters: Trial court should evaluate whether the garage was used as a second dwelling after notice | Township: Failure to appeal renders violation conclusive; only penalty is at issue | Court: Where owner fails to appeal, neither district justice nor common pleas may relitigate existence of violation; only penalty is reviewable |
| Whether the evidence supported finding continuation of the violating use beyond 15 days | Winters: Evidence overwhelmingly shows Winters did not use garage as a dwelling after notice | Township: Inspection evidence shows habitation features and continued use; Winters’ contrary testimony not credible | Court: Credited Township evidence and affirmed that use continued beyond cure period; Winters’ testimony found not credible |
| Whether the attorney-fee award was proper in amount and scope | Township: Entitled to recover reasonable attorney fees incurred as a result of the violation, including appellate work | Winters: Fees excessive; some entries relate to UCC claims or fee collection and are not recoverable under MPC §617.2 | Court: Fee recovery permitted but trial court abused discretion by awarding fees not tied to enforcement of zoning violation; remanded to recalculate excluding fees solely for fee-collection or UCC matters |
Key Cases Cited
- Township of Penn v. Seymour, 708 A.2d 861 (Pa. Cmwlth. 1998) (failure to appeal an enforcement notice renders the notice unassailable and precludes relitigation of violation)
- City of Erie v. Freitus, 681 A.2d 840 (Pa. Cmwlth. 1996) (zoning enforcement notice must satisfy MPC requirements before civil penalties may be pursued)
- Borough of Bradford Woods v. Platts, 799 A.2d 984 (Pa. Cmwlth. 2002) (attorney-fee awards under MPC §617.2 include reasonable fees incurred as a result of the violation, not limited to district justice proceedings)
- Lower Mount Bethel Township v. North River Co., LLC, 41 A.3d 156 (Pa. Cmwlth. 2012) (trial court may grant judgment on the pleadings where owner failed to appeal enforcement notice)
- Lower Mount Bethel Township v. Gacki, 150 A.3d 575 (Pa. Cmwlth. 2016) (factors for reasonableness of attorney-fee awards and appellate deference to trial court’s fee determinations)