Upon presentation of proper credentials, duly authorized representatives of the Borough may enter at reasonable times upon any property within the Borough to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this chapter.
The municipal governing body is hereby authorized and directed to enforce all of the provisions of this chapter.
A. 
Any permit or approval issued by the Borough pursuant to this chapter may be suspended by the Borough for:
(1) 
Noncompliance with or failure to implement any provision of the approved SWM site plan or O&M agreement.
(2) 
A violation of any provisions of this chapter or any other applicable law, ordinance, rule, or regulation relating to the regulated activity.
(3) 
The creation of any condition or the commission of any act during construction or development that constitutes or creates a hazard, nuisance, pollution or endangers the life or property of others.
B. 
A suspended permit may be reinstated by the Borough when:
(1) 
The Borough has inspected and approved the corrections to the violation that caused the suspension;
(2) 
The Borough is satisfied that the violation has been corrected.
A. 
Any person who or which has violated any provisions of this chapter shall, upon a judicial determination thereof, be subject to civil judgment for each such violation of not less than $1,000, or more than $10,000, for each violation, recoverable with costs. Each day that a violation occurs shall constitute a separate offense. All fines shall be paid to the Borough of Marietta.
B. 
In addition, the Borough of Marietta may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter, and may request 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.
A. 
Any person aggrieved by any administrative action of the Borough of Marietta may appeal to Marietta Borough Council within 30 days of that action. Any such appeal shall be governed by the procedures of Article V of the Local Agency Law, 2 Pa.C.S.A. § 401 et seq.
B. 
Any person aggrieved by any decision of Marietta Borough Council may appeal to the Lancaster County Court of Common Pleas, in accordance with Article VII of Local Agency Law, 2 Pa.C.S.A. § 701 et seq., the Local Agency Law, within 30 days of that decision.
A. 
The provisions of this chapter not relating to water quality are intended as minimum standards for the protection of the public health, safety, and welfare. The Borough reserves the right to modify or to extend them conditionally in individual cases as may be necessary in the public interest; provided, however, that such variation shall not have the effect of nullifying the intent and purpose of this chapter, and that the applicant shows that to the satisfaction of the Borough that the applicable regulation is unreasonable, or will cause undue hardship, or that an alternative proposal will allow for equal or better results. The list of such modifications, along with an explanation of and justification for each modification, shall be included on the plan. This section does not apply during an enforcement action.
B. 
In granting waivers/modifications for provisions of this chapter not relating to water quality, the Borough may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.