Township of Upper Burrell, PA
Westmoreland County
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Table of Contents
Table of Contents
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.
A. 
This chapter may be enforced by the duly appointed Township Zoning Officer, Building Inspector, Code Enforcement Officer or any Township Official or their duly appointed representative.
B. 
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 illegal 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 BMPs.
C. 
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 its designee and the expense thereof shall be charged to the violator pursuant to § 280-38.
D. 
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.
A. 
Any approval for a regulated activity, building permit, or land development approval issued by the Township may be suspended or revoked by the governing body for:
(1) 
Noncompliance with or failure to implement any provisions of the approved project plan, or any applicable permit provision.
(2) 
A violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation related to regulated activity.
(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 shall be reinstated by the governing body when:
(1) 
The Westmoreland County Conservation District has inspected and approved the corrections to the stormwater management or erosion and sediment pollution control measure(s), or the elimination of the hazard or nuisance; and/or
(2) 
The governing body is satisfied that the violation of the ordinance, law, or rule and regulation has been corrected.
C. 
A permit which has been revoked by the governing body cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.
A. 
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.[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.
A. 
Any person aggrieved by any action of the Township or its designee may appeal to the Upper Burrell Township Board of Supervisors within 30 days of that action.
B. 
Any person aggrieved by any decision of the Upper Burrell Township Board of Supervisors may appeal to the Westmoreland County Court of Common Pleas within 30 days of the Board of Supervisors decision.