Upon presentation of proper credentials and with the
consent of the landowner, 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 BMPs or to investigate or ascertain the condition
of the subject property in regard to any aspect regulated by this
Part 2.
In the event that the landowner refuses admission
to the property, duly authorized representatives of the municipality
may seek an administrative search warrant issued by a Magisterial
District Judge to gain access to the property.
Whenever the municipality finds that a person has
violated a prohibition or failed to meet a requirement of this Part
2, the municipality may order compliance by written notice to the
responsible person. Such notice may require without limitation:
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 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, together
with all related lien and enforcement fees, charges and expenses,
shall be charged to the violator.
Failure to comply within the time specified shall
also subject such person to the penalty provisions of this Part 2.
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.
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.
A permit or approval which has been revoked by the
municipality cannot be reinstated. The applicant may apply for a new
permit under the procedures outlined in this Part 2.
Any person, partnership or corporation who or which
has violated the provisions of this Part 2 shall, upon being found
liable therefor in a civil enforcement proceeding commenced by the
municipality, pay a judgment of not more than $500 plus all court
costs, including reasonable attorney's fees incurred by the municipality
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
Magisterial District Judge. If the defendant neither pays nor timely
appeals the judgment, the municipality may enforce the judgment pursuant
to a separate violation, unless the Magisterial District Judge, determining
that there has been a violation, further determines that there was
a good faith basis for the person, partnership, or corporation violating
this Part 2 to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge and thereafter each day that a violation
continues shall constitute a separate violation.
The Court of Common Pleas, upon petition, may grant
an order of stay upon cause shown, tolling the per diem judgment pending
a final adjudication of the violation and judgment.
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the municipality
the right to commence any action for enforcement pursuant to this
section.
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 Part
2. 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.
Any person aggrieved by any action of the municipality
or its designee relevant to the provisions of this Part 2 may appeal
using the appeal procedures established in the Pennsylvania Municipalities
Planning Code.[1]