[Ord. 2016-522, 3/22/2016]
Whenever the Floodplain Administrator or other officer authorized
by the Council determines that there are reasonable grounds to believe
that there has been a violation of any provisions of this Part, or
of any regulations adopted pursuant thereto, the Floodplain Administrator
shall give notice of such alleged violation as hereinafter provided.
Such notice shall:
A.
Be in writing;
B.
Include a statement of the reasons for its issuance;
C.
Allow a reasonable time not to exceed a period of 30 days for the
performance of any act it requires to remedy the alleged violation;
D.
Be served upon the property owner or his agent, provided, however,
that such notice shall be deemed to have been properly served upon
such owner or agent when a copy thereof has been served by any other
method authorized by the laws of this Commonwealth; and
E.
Contain a description of remedial actions which, if taken, will effect
compliance with the provisions of this Part.
[Ord. 2016-522, 3/22/2016]
Any person who fails to comply with any or all of the requirements
or provisions of this Part or who fails or refuses to comply with
any notice, order or direction of the Floodplain Administrator or
any other authorized officer of the Borough shall pay a fine to Red
Hill Borough of not more than $600, plus costs of prosecution. In
addition to and not in lieu of the above penalties, all other actions
for the enforcement of this Part are hereby reserved, including equitable
relief. The imposition of a fine or penalty for any violation of,
or noncompliance with, this Part shall not excuse the violation or
noncompliance or permit it to continue, and all such persons shall
be required to correct or remedy such violations and noncompliance
within a reasonable time. Any development commenced or any structure
or building constructed, reconstructed, enlarged, altered, or relocated
in noncompliance with this Part may be declared by the Council to
be a public nuisance and abatable as such.
[Ord. 2016-522, 3/22/2016]
A.
Any person aggrieved by an action or determination of the Floodplain
Administrator concerning the administration of this Part may appeal
the action or determination to the Zoning Hearing Board. Such appeal
must be filed, in writing, within 30 days after the date of the determination
or action of the Floodplain Administrator.
C.
Any person aggrieved by a decision of the Zoning Hearing Board may
seek relief therefrom by appeal to the Court of Common Pleas of Montgomery
County, as provided by the laws of the Commonwealth of Pennsylvania,
including the Pennsylvania Flood Plain Management Act.[2]
[2]
Editor's Note: See 32 P.S. § 679.101 et seq.
