A.
Any regulated activity conducted in the violation of any provision
of this ordinance is hereby deemed a public nuisance.
B.
Each day that a violation continues shall constitute a separate violation.
C.
A separate violation will be found to exist for each section of this
ordinance found to have been violated.
D.
To the extent that the municipality does not enforce any provision
of this ordinance, such action or inaction shall not constitute a
waiver by the municipality of its rights of future enforcement hereunder.
A.
Upon presentation of proper credentials, duly authorized officers
or agents of the municipality may enter at reasonable times upon any
property within the municipality to inspect the implementation, condition,
or operation and maintenance of all erosion and sediment controls
and permanent stormwater BMPs, conveyances, or other stormwater facilities
both during and after completion of a regulated activity or for compliance
with any requirement of this ordinance.
B.
Persons working on behalf of the municipality shall have the right
to temporarily locate on or in any BMP, conveyance or other stormwater
facility in the municipality such devices as are necessary to conduct
monitoring and/or sampling of the discharges from such BMP or conveyance
or other stormwater facilities.
C.
Failure of the landowner or representative to grant access to the
municipality within 48 hours of notification, verbal or written, shall
constitute a violation of this ordinance.
A.
The Municipal Engineer or other designee is hereby authorized and
directed to enforce all of the provisions of this ordinance. The municipal
governing body may delegate enforcement duties, including the initial
determination of ordinance violation and service of notice, if notice
is given, to such other officers or agents as the municipality shall
deem qualified for that purpose.
B.
It shall be the responsibility of the landowner of the real property
on which any regulated activity is proposed to occur, is occurring,
or has occurred to comply with the applicable terms and conditions
of this ordinance.
C.
All municipal inspections for compliance with the approved SWM site
plan shall be the responsibility of the municipality or its designee.
D.
During any stage of the work of any regulated activity, if the Municipal
Engineer or other designee determines that the erosion and sediment
control measures, permanent BMPs, conveyances or other stormwater
facilities are not being installed or maintained in accordance with
the approved SWM site plan, the municipality may suspend or revoke
any existing permits or other approvals until the deficiencies are
corrected or until a revised SWM site plan is submitted and approved,
if and as determined to be necessary by the Municipal Engineer or
other designee.
E.
In the event that the Municipal Engineer or other designee finds
that a person has violated a provision of this ordinance, or fails
to conform to the requirements of any permit or approval issued by
the municipality, or any O&M plan or O&M agreement approved
by the municipality, the municipality may order compliance by written
notice of the violation to the landowner.
F.
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
and/or forfeiture of financial security;
(6)
Implementation of stormwater controls, BMPs, and conveyances;
and
(7)
Operation, maintenance or repair of BMPs, conveyances or other
stormwater facilities.
G.
Such notice shall set forth the nature of the violation(s), citing
to specific sections of this ordinance which have not been met, and
establish a time limit for commencement of correction and completion
of correction of the violation(s). The notice shall advise of the
landowner's right of appeal to the Township Zoning Hearing Board.
Said notice shall further advise that, if applicable, should the violator
fail to take the required action within the established deadline,
possible sanctions, clearly described, may be imposed, or the work
may be done by the municipality or designee, and the expense thereof
shall be charged to the violator.
H.
Failure to comply within the time specified in such notice shall
also subject such person to the penalty provisions of this ordinance.
All such penalties shall be deemed cumulative and shall not prevent
the municipality 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 municipality may be suspended or revoked by the municipality
for:
(1)
Noncompliance with or failure to implement any provision of
the permit or approved SWM site plan or O&M agreement;
(2)
A violation of any provision of this ordinance or any other
law or regulation applicable to the regulated activity;
(3)
The creation of any condition or the commission of any act during
the regulated activity that constitutes or creates a hazard or nuisance
or endangers the life, health, safety, or property of others; or
(4)
Failure to correct a violation within the allowed time period
allowed per notice given by the municipality.
B.
Prior to revocation or suspension of a permit, unless there is immediate
danger or threat of such danger to life, public health or property,
at the request of the applicant, the municipality's governing body
shall schedule a hearing on the violation and proposed revocation
or suspension, pursuant to public notice. The expense of a hearing
shall be the applicant's responsibility.
C.
A suspended permit or approval may be reinstated by the municipality
when:
D.
A permit or approval that has been revoked by the municipality cannot
be reinstated. The applicant may apply for a new permit or approval
in accordance with this ordinance.
A.
Notwithstanding the provisions of Article I, § 1-13, of the Code of Ordinances of the Township of East Caln, as amended, any person violating or permitting the violation of the provisions of this ordinance shall be subject to a fine of not more than $500 for each violation, recoverable with costs. The establishment of a violation for purposes of setting fines or penalties for such violation shall be in accordance with a citation to a Magisterial District Judge with jurisdiction and venue over the location of the violation, and such an action will be subject to the procedures provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. A separate offense shall arise for each day or portion thereof a violation is found to exist and may be determined for each section of this ordinance which is found to have been violated.
B.
In addition, the municipality may, through its solicitor, institute
injunctive, mandamus, or any other appropriate action or proceeding
at law or in equity for the enforcement of this ordinance. Any court
of competent jurisdiction shall have the right to issue restraining
orders, temporary or permanent injunctions, mandamus, or other legal
or equitable forms of remedy or relief. Such relief may include costs,
fees, and charges, including the municipality's attorney's fees (charged
at the hourly rate approved by the governing body of the municipality)
and costs, as may be permitted by law.
C.
Notwithstanding any other provision of this ordinance, the municipality
shall have the right at any or all times deemed necessary by the Municipal
Engineer or designee to enter upon any property within the municipality
to inspect and, upon determination of a violation of this ordinance,
to correct the violation, with all expenses associated with correcting
the violation to be charged to the property owner responsible for
the violation.