[HISTORY: Adopted by the City Council of the City of Harrisburg 5-14-2013 by Ord. No. 6-2013. Amendments noted where applicable.]
Stormwater Management Act: see 32 P.S. § 680.1 et seq.
Editor's Note: This ordinance also repealed former Part 9 (Chs. 9-901 through 9-915), Spring Creek and Paxton Creek Watershed Stormwater Management Plan, adopted 11-12-2006 by Ord. No. 17-2006, as amended.
In the event that a person fails to comply with the requirements of this Part 9 or an approved SWM site plan, or fails to conform to the requirements of any permit or approval issued hereunder, the City of Harrisburg shall provide written notification, via certified mail, of the violation to the landowner indicated on the O&M agreement. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s).
Failure to comply within the time specified shall subject such person to the penalties provisions of this Part 9. All such penalties shall be deemed cumulative and shall not prevent the City of Harrisburg 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 9.
The City of Harrisburg Department of Public Works and the City Engineer are hereby authorized and directed to enforce all of the provisions of this Part 9. The approved SWM site plan shall be on file at the project site throughout the duration of the construction activity. The city of Harrisburg or its designee may make periodic inspections during construction.
Adherence to approved SWM site plan.
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 9.
It shall be unlawful to alter or remove any control structure required by the SWM site plan pursuant to this Part 9.
It shall be unlawful to allow a property to remain in a condition that does not conform to an approved SWM site plan.
Any approval or permit issued by the City of Harrisburg may be suspended or revoked for:
Noncompliance with or failure to implement any provision of the approved SWM site plan or operation and maintenance (O&M) agreement.
A violation of any provision of this Part 9 or any other applicable law, ordinance, rule or regulation relating to the regulated activity.
The creation of any condition or the commission of any act during the regulated activity which constitutes or creates a hazard or nuisance, or pollution, or which endangers the life or property of others.
An approval that has been revoked by the City of Harrisburg cannot be reinstated. The applicant may apply for a new approval under the provisions of this Part 9.
Anyone violating the provisions of this Part 9 shall be guilty of a summary offense and, upon conviction, shall be subject to a fine of not more than $1,000 for each violation, recoverable with costs. Each day that the violation continues shall be a separate offense and penalties shall be cumulative.
In addition, the City of Harrisburg, 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 9. 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.
Any person aggrieved by any action of the City of Harrisburg, or its designee, relevant to the provisions of this Part 9 may appeal to the City of Harrisburg within 30 days of that action.
Any person aggrieved by any decision of the City of Harrisburg relevant to the provisions of this Part 9 may appeal to the Dauphin County Court of Common Pleas within 30 days of the City of Harrisburg's decision.