The Director of the Building Department or his designate or
agent, shall be responsible for inspections under this chapter, and
shall at all reasonable times have the right to peaceably enter upon
the property for the purpose of conducting inspections to ensure compliance
with this chapter and with all other applicable law, ordinances and/or
regulations the Township is authorized to enforce. Any refusal to
allow such inspections shall be cause for summary proceedings to suspend
and/or revoke the permit issued pursuant hereto pending such inspection.
In addition to discretionary inspections, the Director shall make
regular inspections during operations and reclamation with such frequency
as shall be necessary to ensure and monitor compliance under all of
the circumstances, and further, shall utilize the services of such
experts as the Township Board shall authorize for such purpose. The
Director shall make quarterly reports to the Township Board concerning
compliance with this chapter.
A.
Should the Director or his designate and/or agent, discover any noncompliance
with terms and conditions of this chapter and/or the permit issued
hereunder and/or with any other applicable law, ordinance or regulation,
the Director shall prepare a notice of this fact detailing the violations
and shall send copies of same to the permittee and to the Township
Board. Within 15 days following such notice, the permittee shall advise
the Township in writing, whether or not it concurs that a violation
does exist, the permittee shall take steps to remedy the violation.
If the permittee does not agree, it shall, within the same period
of time, state the reasons for such lack of agreement.
B.
The permittee shall correct any and all violations forthwith, and
in all events in a period not to exceed 60 days from the date of the
violation notice unless, due to circumstances beyond the permittee's
control, completion of the corrective measures are not possible within
such period, in which event the permittee shall have a reasonable
additional time within which to make the correction.
C.
In the event of a dispute with respect to the existence of a violation,
the Township Board shall set a reasonable time for a hearing. After
a review of the reasons stated by the permittee for its position that
no violation exists, the Township may, in its discretion, include
in the notice of hearing, responsive allegations with respect to the
claimed violation.
D.
In the event the permittee has concurred that a violation exists,
but has not remedied the same in a timely manner as provided for herein,
a notice of violation shall be sent and a hearing thereon established
utilizing the same form and procedure as set forth in this section
with respect to the notice and hearing on a violation.
E.
At the Township Board meeting, the matter of the disputed violation,
or the failure to timely cure a violation shall be considered, which
consideration may be adjourned from time to time. Such consideration
shall include a hearing conducted at the meeting or meetings and shall
further include the opportunity of the permittee to appear in person
or by a duly authorized representative to present argument, witnesses
and other evidence on behalf and in the defense of the permittee,
or in addition to or in lieu thereof, to file a written presentation
prior to the initiation of the meeting. The permittee shall also be
afforded the opportunity to examine individuals who have made statements
or submitted other evidence supporting the existence of a violation
or the failure to timely cure a violation, provided such examination
shall be limited in scope to matters relating directly to the statements
made and evidence submitted. The Township Board shall make an effort
to ascertain whether the permittee made a reasonable effort to prevent
the occurrence of the violation, or to cure the same in a timely manner.
F.
In the event the Township Board shall determine that a violation
of this chapter exists or that the permittee has failed to cure a
violation in a timely manner, the Township Board is authorized to
take the following action, taking into consideration whether the permittee
made a reasonable effort to prevent the occurrence of a violation
and/or cure the same in a timely manner:
(1)
If the violation constitutes the first uncured violation and/or the
first failure to cure a violation in a timely manner and the same
has not resulted in damage to person or property, the Board is authorized
to suspend the permit for a period of up to two weeks.
(2)
If the violation constitutes the second uncured violation and/or
the second failure to cure a violation in a timely manner, or a combination
of these, and the same has not resulted in a damage to person or property,
the Township Board is authorized to suspend the permit for up to one
month.
(3)
If the permittee has previously had two uncured violations and/or
two failures to cure a violation in a timely manner, or a combination
of these, and there is an additional uncured violation and/or failure
to cure a violation in a timely manner, and/or if any violation or
failure to cure a violation results in property damage, the Township
Board is authorized to suspend the license for a period of up to three
months.
(4)
If the permittee is found to be in violation of this chapter on a
sixth occasion and/or if the permittee is found to have failed to
cure a violation in a timely manner for the sixth time, or any combination
of these, and/or if there are violations and/or failures to cure in
excess of six and/or if a violation has resulted in personal injury
on one or more individuals, the Township Board may suspend the permit
for a period of up to one year, or revoke the permit permanently.
G.
In the event the Township Board shall determine, in its discretion,
that serious and irreparable harm and damage is likely to occur to
person or property, or that an impairment or pollution of the environment
is likely to occur, the Township Board may order an emergency summary
suspension of the permit which shall become effective upon service
of same upon the permittee. The Township Board shall thereafter, as
soon as is practical, conduct a hearing with the same notice and procedural
standards as set forth in this section for violations hearing, to
determine whether to revoke the suspension order; to continue the
suspension order for a fixed period of time; or to revoke the permit
permanently. The Township Board shall state reasons for its determination.
If the permittee wishes to expedite the hearing procedure, the permittee
may waive the advanced notice requirements and proceed immediately
to a hearing.
Following the entry of a determination by the Township Board
to suspend or revoke the permit, the institution of a lawsuit in the
Circuit Court, or other court,
shall not constitute a stay of the suspension or revocation, as the
case may be. Once such revocation occurs, the Director of the Building
Department shall take such steps necessary to cause reclamation of
the site in accordance with permittee reclamation plan.
The procedures and remedial action authorized under this article shall be in addition to, and not in lieu of, additional actions the Township may seek pursuant to § 267-4.
