A.
Any regulated activity conducted in 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.
C.
A separate violation will be found to exist for each section of this
chapter found to have been violated.
D.
To the extent that the Borough does not enforce any provision of
this chapter, such action or inaction shall not constitute a waiver
by the Borough of its rights of future enforcement hereunder.
A.
Upon presentation of proper credentials, duly authorized officers
or agents of the Borough may enter at reasonable times upon any property
within the Borough to inspect the implementation, condition, or operation
and maintenance of all erosion and sediment controls and permanent
stormwater BMPs, conveyances, or other stormwater management facilities
both during and after completion of a regulated activity, or for compliance
with any requirement of this chapter.
B.
Persons working on behalf of the Borough shall have the right to
temporarily locate on or in any BMP, conveyance or other stormwater
management facility in the Borough such devices as are necessary to
conduct monitoring and/or sampling of the discharges from such BMP
or conveyance, or other stormwater facilities.
C.
Failure of the landowner or representative to grant access to the
Borough after proper notification, verbal or written, is a violation
of this chapter.
A.
The Borough Code Enforcement Department, Municipal Engineer or other
designee is hereby authorized and directed to enforce all of the provisions
of this chapter. The Borough Council may delegate enforcement duties,
including the initial determination of chapter violation and service
of notice, if notice is given, to such other officers or agents as
the Borough shall deem qualified for that purpose.
B.
It shall be the responsibility of the landowner of the real property
on which any regulated activity is proposed to occur, is occurring,
or has occurred to comply with the applicable terms and conditions
of this chapter.
C.
All municipal inspections for compliance with the approved SWM site
plan shall be the responsibility of the Borough or its designee.
D.
During any stage of the work of any regulated activity, if the Municipal
Engineer or other designee determines that the erosion and sediment
control measures, permanent BMPs, conveyances or other stormwater
facilities are not being installed or maintained in accordance with
the approved SWM site plan, the Borough may suspend or revoke any
existing permits or other approvals until the deficiencies are corrected
or until a revised SWM site plan is submitted and approved, if and
as determined to be necessary by the Municipal Engineer or other designee.
E.
In the event that the Code Enforcement Department, Municipal Engineer
or other designee finds that a person has violated a provision of
this chapter, or fails to conform to the requirements of any permit
or approval issued by the Borough, or any O&M plan or O&M
agreement approved by the Borough, the Borough may order compliance
by written notice of the violation to the landowner.
F.
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 and/or
forfeiture of financial security;
(6)
Implementation of stormwater controls, BMPs, and conveyances; and
(7)
Operation, maintenance or repair of BMPs, conveyances or other stormwater
facilities.
G.
Such notice shall set forth the nature of the violation(s), citing to specific sections of this chapter which have not been met, and establish a time limit for commencement of correction and completion of correction of the violation(s). The notice shall provide for a right of the landowner's appeal to the Court of Common Pleas in accordance with § 94-906 of this chapter. Said notice shall further advise that, if applicable, should the violator fail to take the required action within the established deadline, possible sanctions, clearly described, may be imposed, or the work may be done by the Borough or designee, and the expense thereof shall be charged to the violator.
H.
Failure to comply within the time specified in such notice shall
also subject such person to the penalty provisions of this chapter.
All such penalties shall be deemed cumulative and shall not prevent
the Borough from pursuing any and all other remedies available in
law or equity.
A.
Any building, land development, or other permit or approval issued
by the Borough may be suspended or revoked by the Borough for:
(1)
Noncompliance with or failure to implement any provision of the permit
or approved SWM site plan or O&M agreement;
(2)
A violation of any provision of this chapter or any other law or
regulation applicable to the regulated activity;
(3)
The creation of any condition or the commission of any act during
the regulated activity that constitutes or creates a hazard or nuisance,
or endangers the life, health, safety, or property of others; or
(4)
Failure to correct a violation within the allowed time period allowed
per notice given by the Borough.
B.
Prior to revocation or suspension of a permit, unless there is immediate
danger or threat of such danger to life, public health or property,
at the request of the applicant, the Borough Council shall schedule
a hearing on the violation and proposed revocation or suspension,
pursuant to public notice. The expense of a hearing shall be the applicant's
responsibility.
C.
A suspended permit or approval may be reinstated by the Borough when:
D.
A permit or approval that has been revoked by the Borough cannot
be reinstated. The applicant may apply for a new permit or approval
in accordance with this chapter.
A.
Any person who violates or permits the violation of any provision
of this chapter shall, upon conviction thereof in a summary proceeding
brought before a District Justice under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be subject
to the payment of a fine of not less than $100 and not more than $1,000,
plus the costs of prosecution. In default of payment thereof, the
defendant may be sentenced to imprisonment in the county prison for
a term of not more than 30 days. Each section of this chapter violated
shall constitute a separate offense, and each day or portion thereof
in which a violation of this chapter is found to exist shall constitute
a separate offense, each of which violations shall be punishable by
a separate fine imposed by the District Justice of not less than $100
and not more than $500, plus the costs of prosecution or, upon default
of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a term of not more than 30 days. All fines
and penalties collected for the violation of this chapter shall be
paid to the Borough Treasurer.
B.
In addition, the Borough may, through its solicitor, 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 legal or equitable forms
of remedy or relief. Such relief may include costs, fees, and charges,
including the Borough's attorney's fees (charged at the
hourly rate approved by the governing body of the Borough) and costs,
as may be permitted by law.
C.
When it is necessary to make an inspection to enforce the provisions
of this chapter, the Borough's Code Official and Municipal Engineer
shall be authorized to enter the property at reasonable times to inspect
or perform the duties imposed by this chapter provided that if the
property is occupied, that credentials be presented to the occupant
and entry requested. If such property is unoccupied, the Code Official
shall first make a reasonable effort to locate the owner or other
person having charge or control of the property and request entry.
If entry is refused, the Code Official shall have recourse to the
remedies provided by law to secure entry. If the Borough incurs expenses
associated with correcting any violation of this chapter, such expenses
shall be charged to the property owner responsible for the violation.
Any person aggrieved by any decision or determination of the
Borough relevant to the provisions of this chapter may file an appeal
in the Court of Common Pleas pursuant to the Local Agency Law[1] within 30 days of the Borough's decision or determination.
[1]
Editor's Note: See 2 Pa.C.S.A. § 105 et seq.
This chapter shall become effective upon enactment as provided
by law.
