[Ord. 436, 5/13/2008, § 28]
1.
Neither the issuance of a permit under the provisions of this Chapter,
nor compliance with the provisions hereof or with any condition imposed
by the Administrator hereunder, shall relieve any permit holder or
property owner from any responsibility for damage to persons or property
resulting therefrom, or as otherwise imposed by law, nor impose any
liability upon the Borough, its employees, and its consultants for
damages to persons or property.
2.
The permit holder and property owner shall be fully responsible for
any noncompliance with approved plans. They shall carry the responsibility
both for their own employees and for all subcontractors from the first
day of grading until released by the Borough. The use of qualified
personnel experienced and knowledgeable in the practice of excavation
and landscape restoration shall be required.
[Ord. 436, 5/13/2008, § 29]
1.
No person shall construct, enlarge, alter, repair or maintain any
grading, or cause the same to be performed contrary to, or in violation
of, any provision of this Chapter.
2.
When written notice of any violation of, or noncompliance with, any
provision of this Chapter has been given by the Administrator to the
applicant and property owner, such violation shall be discontinued
immediately, unless the Administrator has specifically designated
a reasonable time limit for compliance. Any violation that continues
after such notice shall be subject to the penalties provided in this
Chapter.
3.
Any person, partnership or corporation who or which has violated
the provisions of this Chapter and any property owner on whose property
such violation shall exist, shall, upon being found liable therefore
in a civil enforcement proceeding commenced by the Borough, pay a
judgment of not more than $500 plus all court costs, including reasonable
attorney fees incurred by the Borough as a result thereof. No judgment
shall commence or be imposed, levied or be payable until the date
of determination of a violation by the District Justice. If the defendant
neither pays nor timely appeals the judgment, the ordinance may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation,
unless the District Justice determining that there has been a violation
further determines that there was a good faith basis for the person,
partnership or corporation violating this Chapter to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation until the 5th day following the
date of the determination of a violation by the District Justice and
thereafter each day that a violation continues shall constitute a
separate violation.
4.
Whenever any person violating any of the provisions of this Chapter
is notified of such violation by the Administrator by service, summons
or any other manner, each day or portion thereof a violation occurs
or continues shall constitute a separate violation.
[Ord. 436, 5/13/2008, § 30]
In addition to the above stated violations and penalties, if
any work is performed by any person, partnership, or corporation in
violation of any of the provisions of this Chapter, the proper officers
of the Borough, in addition to other remedies set forth in this Chapter,
may institute, in the name of the Borough, an appropriate action or
proceedings, whether by legal process or otherwise, to prevent such
unlawful work and to restrain or abate such violation.
