Township of Upper Gwynedd, PA Article IX Enforcement and Penalties

§ 162-29 Public nuisance.

The violation of any provision of this chapter is hereby deemed a public nuisance.

§ 162-30 Enforcement generally.

A. Whenever the Township finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Township may order compliance by written notice to the responsible person. Such notice may require, without limitation:

(1) The performance of monitoring, analyses and reporting;

(2) The elimination of prohibited connections or discharges;

(3) Cessation of any violating discharges, practices or operations;

(4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(5) Payment of a fine to cover administrative and remediation costs;

(6) The implementation of stormwater BMPs; and

(7) Operation and maintenance of stormwater management facilities.

B. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of the violation(s). Said notice may further advise that, if applicable, should the violator fail to take the required action within the established deadline, the work will be done by the Township or designee, and the expense thereof shall be charged to the violator.

C. Failure to comply within the time specified shall also subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent the Township from pursuing any and all other remedies available in law or equity.

D. Each day that a violation continues shall constitute a separate violation.

§ 162-31 Suspension and revocation of permits and approvals.

A. Any building, land development or other permit or approval issued by the Township may be suspended or revoked by the Township for:

(1) Noncompliance with or failure to implement any provision of the permit;

(2) A violation of any provision of this chapter; or

(3) The creation of any condition or the commission of any act during construction or development which constitutes or creates a hazard or nuisance, pollution or which endangers the life or property of others.

B. A suspended permit or approval shall be reinstated by the Township when:

(1) The Municipal Engineer or designee has inspected and approved the corrections to the stormwater BMPs or the elimination of the hazard or nuisance; and/or

(2) The Township is satisfied that the violation of the ordinance, law, or rule and regulation has been corrected.

§ 162-32 Violations and penalties.

A. Any person or persons, firm or corporation who shall violate any of the provisions of this chapter, upon conviction thereof, shall be liable to pay a fine or penalty not to exceed $1,000 plus costs of prosecution for each and every offense. All fines and penalties imposed by this chapter are recoverable by summary proceedings before the Magisterial District Judge, and all suits or actions at law instituted for the recovery thereof are to be in the name and for the use of Upper Gwynedd Township, against which the offenses are committed. In default of payment of any fine or penalty and costs imposed by any Magisterial District Judge under the provisions of this chapter, the person or persons so offending may be committed to the Montgomery County Prison for a period not exceed 30 days.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. In addition, the Township, through its Solicitor, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.