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]
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.
