A.
Upon presentation of proper credentials, duly authorized representatives
of the Borough may enter at reasonable times upon any property within
the Borough 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 Borough ready access to all parts of the
premises for the purposes of determining compliance with this chapter.
C.
Persons working on behalf of the Borough shall have the right to
temporarily locate on any stormwater control or BMP in the Borough
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 Borough access to a stormwater
control or BMP is a violation of this article.
A.
Whenever the Borough finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the Borough 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 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 Borough 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 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;
(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 Borough
when:
C.
A permit or approval that has been revoked by the Borough cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this chapter.
A.
Any person violating the provisions of this chapter shall be guilty
of a misdemeanor and, upon conviction, shall be subject to a fine
of not more than $500 for each violation, recoverable with costs,
or imprisonment of not more than 30 days, or both. Each day that the
violation continues shall be a separate offense.
B.
In addition, the Borough, 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.
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 Borough 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 Borough 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.
The Borough 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 Borough Engineer or other qualified persons designated by the
Borough.
A.
A set of design plans approved by the Borough shall be on file at
the site throughout the duration of the construction activity. Periodic
inspections may be made by the Borough or designee during construction.
B.
It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under § 290-4 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 which 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:
D.
After receipt of the certification by the Borough, a final inspection
shall be conducted by the Borough 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.
A.
Any person aggrieved by any action of the Borough of Clifton Heights
or its designee may appeal to Borough Council within 30 days of that
action.
B.
Any person aggrieved by any decision of Borough Council may appeal
to the Delaware County Court of Common Pleas within 30 days of the
Borough decision.