Borough of Harveys Lake, PA Article VIII Enforcement and Penalties

§ 42-28 Right of entry.

Upon presentation of proper credentials, Harveys Lake Borough and/or its designee may enter at reasonable times upon any property within Harveys Lake Borough to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this chapter.

§ 42-29 Inspection.

SWM BMPs should be inspected by the landowner, or the owner's designee (including the municipality for dedicated and owned facilities), according to the following list of minimum frequencies:

A. Annually for the first five years.

B. Once every three years thereafter.

C. During or immediately after the cessation of a ten-year or greater storm.

§ 42-30 Enforcement.

A. It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted in § 42-12 of this chapter.

B. It shall be unlawful to violate § 42-27 of this chapter.

§ 42-31 Suspension and revocation.

A. Any approval or permit issued by Harveys Lake Borough pursuant to this chapter may be suspended or revoked 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 provision 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 the regulated activity which constitutes or creates a hazard, nuisance, pollution, or endangers the life or property of others.

B. A suspended approval may be reinstated by Harveys Lake Borough when:

(1) Harveys Lake Borough has inspected and approved the corrections to the violations that caused the suspension.

(2) Harveys Lake Borough is satisfied that the violation has been corrected.

C. An approval that has been revoked by Harveys Lake Borough cannot be reinstated. The applicant may apply for a new approval under the provisions of this chapter.

D. If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the municipality may provide a limited time period for the owner to correct the violation. In these cases, the municipality will provide the owner, or the owner's designee, with a written notice of the violation and the time period allowed for the owner to correct the violation. If the owner does not correct the violation within the allowed time period, the municipality may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.

§ 42-32 Violations and penalties.

A. Anyone violating the provisions of this chapter shall be guilty of a summary offense, and, upon conviction, shall be subject to a fine of not more than $500 for each violation, recoverable with costs, including but not limited to, court costs and attorney fees. Each day that the violation continues shall be a separate offense and penalties shall be cumulative.

B. In addition, Harveys Lake Borough may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter. 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.

§ 42-33 Appeals.

A. Any person aggrieved by any action of Harveys Lake Borough or its designee, relevant to the provisions of this chapter, may appeal to Harveys Lake Borough within 30 days of that action. The appeal will be heard and decided by the Borough Council with recommendation from the Borough's Engineer.

B. Any person aggrieved by any decision of Harveys Lake Borough, relevant to the provisions of this chapter, may appeal to the Luzerne County Court of Common Pleas in the within 30 days of the decision.