Municipality of Kingston, PA Article VIII Enforcement and Penalties

§ 155-28 Right of entry.

Upon presentation of proper credentials, the Municipality may enter at reasonable times upon any property within the Municipality to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by his chapter.

§ 155-29 Inspection.

Stormwater structures and facilities may be inspected by the landowner, or the landowner's designee (including the Municipality for dedicated and owned facilities), or governmental agencies using SWM BMPs:

A. The frequency of said inspections shall be determined by the landowner, Municipality or governmental agency, as deemed appropriate on a case-by-case basis.

B. Such inspections are at the discretion of the Municipality or governmental agency where the facility is located. The cost of this inspection shall be set by the Municipality or governmental agency, which may include bonding requirements. Such costs or bonding requirements shall be provided to the landowner and/or developer at its request or at any time during the project; however, if bonding is required, then all work shall cease until these requirements are met.

§ 155-30 Enforcement.

A. It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted in § 155-12 of this chapter.

B. It shall be unlawful to violate § 155-27 of this chapter.

§ 155-31 Violations and penalties.

A. Anyone violating the provisions of this chapter shall be guilty of a summary offense and, upon conviction, shall be subject to a fine of not more than $500 for each violation, recoverable with costs, including, but not limited to, court costs and attorneys' fees. Each day that the violation continues shall be a separate offense, and penalties shall be cumulative.

B. In addition, the Municipality 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.

§ 155-32 Appeals.

Any person aggrieved by any decision of the Municipality, its representative or designee, relevant to the provisions of this chapter, may appeal to the County Court of Common Pleas in the county where the activity has taken place within 30 days of the Municipality's decision.