Any activity conducted in violation of this chapter or contrary to an approved SWM site plan and report is declared a public nuisance as defined in Chapter 88 of the Code of Washington Township.
In addition to a developer or other person engaging in regulated activities, the owner of lands on which regulated activities are undertaken or planned shall be responsible for compliance with the provisions of this chapter.
A. 
In the event of a violation, the enforcement officer shall issue and serve a notice of violation which shall include the following information:
(1) 
The persons engaged in the regulated activity.
(2) 
The location of the land on which the regulated activity is occurring and the owner of record.
(3) 
A description of the violation and reference to the regulations being violated.
(4) 
Corrective action required and time for completion.
(5) 
Sanctions available for failure to correct violations.
B. 
The notice of violation may contain a stop-work order.
C. 
The notice/order shall be served on the developer, landowner and other person engaged in the regulated activity or their agent, by hand delivery or by certified mail return receipt requested. In the event service has not been made in either manner described above, service may be made by regular mail and posting the property.
In the event the violation is not corrected, the municipality shall have the authority to pursue any of the remedies set forth in § 112-38 through § 112-41 below.
A. 
In the event a violation has not been corrected, the municipality may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed. This authority to deny such a permit or approval shall apply to any of the following applicants:
(1) 
The owner of record at the time of such violation.
(2) 
The vendee or lessee of the owner of record at the time of such violation without regard as to whether such current owner had actual or constructive knowledge of the violation.
(3) 
The current owner of record who acquired the property subsequent to the time of violation without regard as whether such current owner had actual or constructive knowledge of the violation.
(4) 
The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
The municipality may institute a proceeding in the Magisterial District Court against any person who has violated the provisions of this Stormwater Management Ordinance. Upon being found liable therefor in a civil enforcement proceeding, the defendant shall pay a judgment of not more than $500 plus all court costs, including the reasonable attorney fees incurred by the municipality as a result thereof. No judgment shall commence or be imposed, levied, or payable until the date of the determination of a violation by the District Magistrate. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Magistrate determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Magistrate and thereafter each day that a violation continues shall constitute a separate violation.
A. 
In addition to other remedies, any approval or permit issued by the municipality may be suspended or revoked for:
(1) 
Noncompliance with or failure to implement any provision of the approved SWM site plan and report or operation and maintenance (O&M) agreement.
(2) 
A violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the regulated activity.
(3) 
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.
B. 
A suspended approval or permit may be reinstated by the municipality when:
(1) 
The municipality or their designee has inspected and approved the corrections to the violation(s) that caused the suspension.
(2) 
The municipality is satisfied that the violation(s) has been corrected.
C. 
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 chapter.
A. 
Washington Township may take actions to abate public nuisances per the enforcement provisions of Chapter 88 of the Code of Washington Township.
B. 
In addition to other remedies, the municipality may institute and maintain appropriate actions at law to restrain, correct or abate violations, to prevent unlawful regulated activities, and to recover damages including reasonable expenses and legal fees incurred in enforcement proceedings.