A.
Whenever the municipality 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, 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 facilities and best management practices
(BMPs); and
(7)
Operation and maintenance (O&M) of stormwater facilities 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 Township and the expense may be charged
to the violator.
C.
Failure to comply within the time specified may subject a violator
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.
Suspension, revocation, and voidance.
(1)
Any building, land development, or other permit or approval issued
by the municipality may be suspended or revoked, in whole or in part,
by the municipality for:
(a)
Noncompliance with or failure to implement any provision of
the permit;
(b)
A violation of any provision of this chapter; or
(c)
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.
(2)
Any permit or authorization issued or approved based on false, misleading
or erroneous information provided by an applicant is void without
the necessity of any proceedings for revocation. Any work undertaken
or use established pursuant to such permit or other authorization
is unlawful. No action may be taken by a board, agency or employee
of the Township purporting to validate such a violation.
B.
A suspended permit may be reinstated by the Township when:
C.
Any permit or approval that has been revoked by the Township cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined of this chapter.
A.
Any person violating the provisions of this chapter shall be subject
to penalties that may range from liens against the property to fines
for each violation, recoverable with costs. Each day that the violation
continues shall constitute a separate offense and the applicable fines
are cumulative.
B.
In addition, the Township 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.
As per the Pennsylvania Municipalities Planning Code (MPC), Section
909.1(9), any person aggrieved by any action pursuant to this chapter
may appeal to the Hatfield Township Zoning Hearing Board within 30
days of that action.
B.
Any person aggrieved by any decision of the Hatfield Township Commissioners,
relevant to the provisions of this chapter may appeal to the County
Court of Common Pleas in the county where the activity has taken place
within 30 days of the municipal decision.
