Borough of Boyertown, PA Article IX Enforcement and Violations and Penalties

§ 165-43 Right-of-entry.

A. Upon presentation of proper credentials, duly authorized representatives of the municipality may enter at reasonable times upon any property within the municipality to inspect the implementation, condition, or operation and maintenance of the stormwater controls or BMPs in regard to any aspect governed by this chapter.

B. Stormwater control and BMP owners and operators shall allow persons working on behalf of the municipality ready access to all parts of the premises for the purposes of determining compliance with this chapter.

C. Persons working on behalf of the municipality shall have the right to temporarily locate on any stormwater control or BMP in the municipality such devices as are necessary to conduct monitoring and/or sampling of the discharges from such stormwater control or BMP.

D. Unreasonable delays in allowing the municipality access to a stormwater control or BMP is a violation of this chapter.

§ 165-44 Public nuisance.

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

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

§ 165-45 Compliance order.

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

(1) Performance of monitoring, analyses, and reporting;

(2) Elimination of prohibited connections or discharges;

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

(4) 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) Implementation of stormwater controls and BMPs; and

(7) Operation and maintenance of stormwater controls and BMPs.

B. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violations. 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 municipality 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 municipality from pursuing any and all other remedies available in law or equity.

§ 165-46 Suspension and revocation of permits and approvals.

A. Any building, land development, or other permit or approval issued by the municipality may be suspended or revoked by the municipality 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, health, or property of others.

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

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

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

C. A permit or approval that has been revoked by the municipality cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.

§ 165-47 Violations and penalties.

A. Any person violating the provisions of this chapter shall be subject to a fine of not less than $25 nor more than $600 for each violation, recoverable with costs. Each day that the violation continues shall constitute a separate offense and the applicable fines are cumulative.

B. In addition, the municipality, 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.

§ 165-48 Notification.

In the event that a person fails to comply with the requirements of this chapter or fails to conform to the requirements of any permit issued hereunder, the municipality shall provide written notification of the violation. Such notification shall state the nature of the violation(s) and establish a time limit for correction of these violation(s). Failure to comply within the time specified shall subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent the municipality from pursuing any and all remedies. It shall be the responsibility of the owner of the real property on which any regulated activity is proposed to occur, is occurring, or has occurred to comply with the terms and conditions of this chapter.

§ 165-49 Enforcement.

The municipal governing body is hereby authorized and directed to enforce all of the provisions of this chapter. All inspections regarding compliance with the drainage plan shall be the responsibility of the Municipal Engineer or other qualified persons designated by the municipality.

A. A set of design plans approved by the municipality shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made by the municipality or designee during construction.

B. It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under § 165-5 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this chapter or to allow the property to remain in a condition that does not conform to the approved drainage plan.

C. At the completion of the project and as a prerequisite for the release of the performance guarantee, the owner or his representatives shall:

(1) Provide a certification of completion from an engineer, architect, surveyor, or other qualified person verifying that all permanent facilities have been constructed according to the plans and specifications and approved revisions thereto.

(2) Provide a set of as-built (record) drawings.

D. After receipt of the certification by the municipality, a final inspection shall be conducted by the Municipal Engineer or designated representative to certify compliance with this chapter.

E. Prior to revocation or suspension of a permit and at the request of the applicant, the governing body will schedule a hearing to discuss the noncompliance if there is no immediate danger to life, public health, or property. The expense of a hearing shall be the applicant's responsibility.

F. Occupancy permit. An occupancy permit shall not be issued unless the certification of completion pursuant to Subsection C(1) has been secured. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land developments in the municipality.

§ 165-50 Appeals.

A. Any person aggrieved by any action of the Borough of Boyertown or its designee may appeal to Borough Council of the Borough of Boyertown within 30 days of that action.

B. Any person aggrieved by any decision of the Borough Council of the Borough of Boyertown may appeal to the County Court of Common Pleas in the County where the activity has taken place within 30 days of the municipal decision.