[Ord. 2011-4, 8/15/2011]
1. 
In the event that a person fails to comply with the requirements of this Part or an approved SWM Site Plan, or fails to conform to the requirements of any permit or approval issued hereunder, the municipality shall provide written notification of the violation. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s).
2. 
Failure to comply within the time specified shall subject such person to the penalties provisions of this Part. All such penalties shall be deemed cumulative and shall not prevent the municipality from pursuing any and all other 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 Part.
[Ord. 2011-4, 8/15/2011]
1. 
The municipal governing body is hereby authorized and directed to enforce all of the provisions of this Part. The approved SWM Site Plan shall be on file at the project site throughout the duration of the construction activity. The municipality or its designee may make periodic inspections during construction.
2. 
Adherence to Approved SWM Site Plan.
A. 
It shall be unlawful for any person, firm, or corporation to undertake any regulated activity on any property except as provided for by an approved SWM Site Plan and pursuant to the requirements of this Part.
B. 
It shall be unlawful to alter or remove any control structure required by the SWM Site Plan pursuant to this Part.
C. 
It shall be unlawful to allow a property to remain in a condition that does not conform to an approved SWM Site Plan.
[Ord. 2011-4, 8/15/2011]
1. 
A violation of any provision of this Part is hereby deemed a public nuisance.
2. 
Each day that a violation continues shall constitute a separate violation.
[Ord. 2011-4, 8/15/2011]
1. 
Any approval or permit issued by the municipality may be suspended or revoked for:
A. 
Noncompliance with or failure to implement any provision of the approved SWM Site Plan or Operation and Maintenance (O&M) Agreement.
B. 
A violation of any provision of this Part or any other applicable law, ordinance, rule or regulation relating to the regulated activity.
C. 
The creation of any condition or the commission of any act, during the regulated activity, which constitutes or creates a hazard or nuisance, pollution, or which endangers the life or property of others.
2. 
A suspended approval or permit may be reinstated by the municipality when:
A. 
The municipality or its designee has inspected and approved the corrections to the violation(s) that caused the suspension.
B. 
The municipality is satisfied that the violation(s) has been corrected.
3. 
An approval that has been revoked by the municipality cannot be reinstated. The applicant may apply for a new approval under the provisions of this Part.
[Ord. 2011-4, 8/15/2011]
1. 
Any person who fails to comply with any or all of the requirements or provisions of this Part or who fails or refuses to comply with any notice, order or direction of the Codes Officer or any other authorized employee of the municipality shall be guilty of a summary offense and, upon conviction by a Magisterial District Judge, shall pay a fine to the Borough of Burnham of not less than $100 nor more than $1,000, plus costs of prosecution. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed 10 days. Each day during which any violation of this Part continues shall constitute a separate offense.
2. 
In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this Part. The imposition of a fine or penalty for any violation of, or noncompliance with, this Part shall not excuse the violation or noncompliance nor permit it to continue, and all such persons shall be required to correct or remedy such violations and noncompliances within a reasonable time.
3. 
Any regulated activity initiated in noncompliance with this Part may be declared by Borough Council to be a public nuisance and abatable as such.
4. 
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. 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.
[Ord. 2011-4, 8/15/2011]
1. 
Any person aggrieved by any action of the municipality or its designee, relevant to the provisions of this Part, may appeal to the municipality within 30 days of that action.
2. 
Any person aggrieved by any decision of the municipality, relevant to the provisions of this Part, may appeal to the Mifflin County Court of Common Pleas within 30 days of the municipality's decision.