A frequent, if folksy, recitation of the purpose behind zoning and land use restrictions is to prevent problems caused by the "pig in the parlor instead of the barnyard." In other words zoning regulations recognize sometimes a nuisance can be caused by putting the right thing in the wrong place. Therefore, zoning ordinances attempt to keep more "offensive uses" away from more sensitive uses. However, prohibiting a use on paper is one thing, ensuring ordinance compliance is another. The Pennsylvania Commonwealth Court in Township of Cranberry v. Spencer, Nos. 568, 569, and 570-CD-2022 (Pa. Cmwlth. Aug. 30, 2023) (Spencer II) recently considered one municipality's decades long battle over operation of a junkyard in violation of its zoning ordinance. A review of the history of this case provides the opportunity to consider the pros and cons of different enforcement options available to municipalities when faced with ongoing violations.

In Spencer, the owner of six parcels located in Cranberry Township, Butler County had been storing a multitude of junk vehicles (117 cars, 11 box trailers, seven motorhomes, and eight travel trailers) on his properties in violation of the township zoning ordinance. The township had been trying for over a quarter century to induce the property owner to remove the junk vehicles, and he had even paid fines related to the same in the past—yet he never removed the vehicles. In 2019, as authorized by Section 616.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. Section 616.1 (MPC) the township served five "enforcement notices" (referred to herein as "notices of violation" or "NOVs") against five of the properties for the unlawful operation of a junk yard in the township's A-1 Conservation District. The NOVs ordered the removal of the vehicles and notified him of his right to appeal. In addition, a sixth NOV was issued for one property located in a different district, which asserted that the property owner was in violation of the township property maintenance code's (PMC) limit on the number of abandoned or junk vehicles allowed on a property. The Second Class Township Code authorizes the township to enact a PMC to regulate the upkeep of the exterior of properties and structures. 53 P.S. Section 66704-A.