[HISTORY: Adopted by the Borough Council of the Borough of Collingdale 10-6-1975 by Ord. No. 476; amended in its entirety 10-5-1987 by Ord. No. 568 (Ch. 9, Part 1, of the 1987 Code of Ordinances). Subsequent amendments noted where applicable.]
No person, firm or corporation shall change the grade of any land in the Borough of Collingdale and/or perform any excavation therein without first obtaining a permit from the Building Inspector of the Borough of Collingdale.
The application for such permit shall be accompanied by a plan approved by the Borough Engineer, which plan will demonstrate, along with the building plans, that such proposed change of grade will not cause damage to adjoining and adjacent property owners by reason of drainage of surface or subsurface waters. Any such grade change and/or excavation shall maintain the topography in the surrounding areas.
Application for such permit shall be further accompanied by a permit fee as established from time to time by resolution of Council and payable to the Borough of Collingdale.
The granting of such permit shall not impose liability on the Borough of Collingdale, and the granting of any such permit shall constitute an indemnification by the permittee to indemnify and save harmless the Borough of Collingdale from any claims or damages caused by reason of the change of grade and/or excavation, and the liability for any such change of grade shall remain the sole responsibility of the permittee.
Penalties. Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this chapter continues shall constitute a separate offense.
Removal of nuisances; serving of notice; filing of claims. The Manager shall serve written notice, either personally or by certified or first class mail, on any person violating the provisions of this chapter to remove any nuisance or dangerous condition on public or private property. Upon the failure of said person to comply with such notice within 15 days after receipt thereof or to request a hearing within such time before the Borough Council pursuant to the Act of April 28, 1978, P.L. 202, No. 53, known as the "Local Agency Law," the Borough Council may remove or arrange for the removal of the nuisance or dangerous condition and collect the cost of such removal together with a penalty of 10% of the cost of the removal from the person failing to comply with such notice by summary proceedings or in the manner provided for the collection of municipal claims or by an action of assumpsit without the filing of a claim. The Borough Council may also institute proceedings in equity to enjoin violations of this chapter.
Editor's Note: See 2 Pa.C.S.A. §§ 105, 551 et seq. and 751 et seq.
Fines and costs. All fines, costs and penalties shall be cumulative, and payment of one shall not preclude the payment of any other fine, cost or penalty assessed.