by peter e. bortner
Mahanoy Township asked Schuylkill County Court on Thursday to shut a commercial garage it alleges violates its Subdivision and Land Development Ordinance.
In its complaint, the township alleged that Gary W. and Susan M. Bettis, Barnesville, are operating their business on a Morea Road property they own without an occupancy permit or a proper land development plan.
The township asked the court to stop the Bettises from operating their business permanently until they comply with the ordinance, and award it attorney fees, costs and expenses.
"Mahanoy Township is in need of immediate relief in order to stop and discontinue the ongoing harm," according to the complaint.
In the complaint, Mahanoy alleged that the Bettises file a land development plan on April 28 and, after providing additional documentation, received approval for it on Aug. 16.
However, an inspection of the property on Aug. 28 revealed that the Bettises did not comply with their plans because they excavated more of the property than permitted, improperly graded it, created erosion conditions and installed structures and other equipment not listed on the plan, according to the township.
Two days later, the township issued a cease and desist order asking the Bettises to remove the garage by Sept. 14 due to these violations and also the failure to obtain an occupancy permit, according to the complaint.
However, the Bettises have not complied with the township's demands and continue to operate their business without required permits or plans, the complaint reads in part.
"They have failed and neglected to comply with the provisions" of the ordinance, according to the lawsuit.