[Ord. 954, 12/19/2013]
Upon presentation of proper credentials, duly authorized representatives
of the Borough may enter at reasonable times upon any property within
the Borough to investigate or ascertain the condition of the subject
property in regard to any aspect regulated by this chapter.
[Ord. 954, 12/19/2013]
The Borough Council is hereby authorized and directed to enforce
all of the provisions of this chapter.
A.
Any permit or approval issued by the Borough of Elizabethtown pursuant
to this chapter may be suspended by the Borough for:
(1)
Noncompliance with or failure to implement any provision of
the approved SWM site plan or O&M agreement.
(2)
A violation of any provisions 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
construction or development that constitutes or creates a hazard,
nuisance, pollution or endangers the life or property of others.
[Ord. 954, 12/19/2013]
1.
It shall be a violation of this chapter to commit or permit any other
person to commit any of the following acts:
A.
To commence regulated activities prior to obtaining unconditional
approval of an SWM site plan or in violation of the terms or conditions
of an SWM site plan approved under this chapter.
B.
To install, repair, modify or alter SWM facilities prior to obtaining
approvals under this chapter or in a manner which violates the terms
and conditions of any approval issued under this chapter.
C.
To misuse or fail to maintain any SWM facility installed upon a property.
D.
To construct any improvements upon, grade, fill or take any other
action which will impair the proper functioning of any SWM facility.
E.
To place false information on or omit relevant information from an
application for approval under this chapter.
F.
To fail to comply with any other provisions of this chapter.
2.
For each violation of the provisions of this chapter, the owner,
agent, lessee, contractor or any other person who commits, takes part
in, or assists in any such violation shall be liable, upon conviction
thereof in a summary proceeding, to pay a fine of not less than $200
nor more than $1,000 for each offense, together with the costs of
prosecution. In accordance with Section 3321(6) of the Borough Code,[1] any person found guilty of violating this chapter may
be assessed reasonable attorneys' fees incurred by the Borough
in the enforcement proceeding. Each day or portion thereof in which
a violation exists shall be considered a separate violation of this
chapter, and each section of this chapter which is violated shall
be considered a separate violation.
[1]
Editor's Note: See 53 P.S. § 48321(6).
3.
The Borough may also institute suits to restrain, prevent, or abate
a violation of this chapter in equity or at law. Such proceedings
in equity or at law may be initiated before any court of competent
jurisdiction. In cases of emergency where, in the opinion of the court,
the circumstances of the case require immediate abatement of the unlawful
conduct, the court may, in its decree, fix a reasonable time during
which the person responsible for the unlawful conduct shall correct
or abate the same. The expense of such proceedings shall be recoverable
from the violator in such manner as may now or hereafter be provided
by law. In accordance with Section 3321(6) of the Borough Code, any
person found guilty of violating this chapter may be assessed reasonable
attorneys' fees incurred by the Borough in the enforcement proceeding.
4.
The Borough Council may also take actions relating to suspension
or revocation of permits set forth in § 1002.
5.
The Borough Council may, by resolution, appoint a Code Enforcement
Officer to enforce this chapter and may authorize such Code Enforcement
Officer to institute summary criminal proceedings without prior action
by the Borough Council.
[Ord. 954, 12/19/2013]
1.
Any person aggrieved by any administrative action of the Borough
may appeal to the Elizabethtown Borough Council within 30 days of
that action. Any such appeal shall be governed by the procedures of
Article V of the Local Agency Law, 2 Pa. C.S.A. § 501 et
seq.
2.
Any person aggrieved by any decision of the Borough Council may appeal
to the Lancaster County Court of Common Pleas in accordance with Article
VII of Local Agency Law, 2 Pa. C.S.A. § 701 et seq., the
Local Agency Law, within 30 days of that decision.
[Ord. 954, 12/19/2013]
1.
The provisions of this chapter not relating to water quality are
intended as minimum standards for the protection of the public health,
safety and welfare. The Borough reserves the right to modify or to
extend them conditionally in individual cases as may be necessary
in the public interest; provided, however, that such variation shall
not have the effect of nullifying the intent and purpose of this chapter,
and that the applicant shows that to the satisfaction of the Borough
that the applicable regulation is unreasonable, or will cause undue
hardship, or that an alternative proposal will allow for equal or
better results. The list of such modifications, along with an explanation
of and justification for each modification, shall be included on the
SWM site plan. This section does not apply during an enforcement action.
2.
In granting waivers/modifications for provisions of this chapter
not relating to water quality, the Borough may impose such conditions
as will, in its judgment, secure substantially the objectives of the
standards and requirements of this chapter.
