[Ord. No. 338, 1/10/2011]
1.
In the event that a person fails to comply with the requirements
of this chapter, or an approved SWM site plan, or fails to conform
to the requirements of any permit or approval issued hereunder, Elizabethville
Borough shall provide written notification, via certified mail, of
the violation to the landowner indicated on the O&M agreement.
Such notification shall set forth the nature of the violation(s) and
establish a time limit for correction of these violations(s).
2.
Failure to comply within the time specified shall subject such person
to the penalty provisions of this chapter. All such penalties shall
be deemed cumulative and shall not prevent the Borough from pursuing
any and all other remedies. It shall be the responsibility of the
owner of the real property on which any regulated activity is proposed
to occur, is occurring, or has occurred to comply with the terms and
conditions of this chapter.
[Ord. No. 338, 1/10/2011]
1.
The Elizabethville Borough Council is hereby authorized and directed
to enforce all of the provisions of this chapter. The approved SWM
site plan shall be on file at the project site throughout the duration
of the construction activity. The Municipal Engineer or other Borough
designee may make periodic inspections during construction.
2.
Adherence to Approved SWM Site Plan:
A.
It shall be unlawful for any person, firm or corporation to undertake
any regulated activity on any property except as provided for by an
approved SWM site plan and pursuant to the requirements of this chapter.
B.
It shall be unlawful to alter or remove any control structure required
by the SWM site plan pursuant to this chapter.
C.
It shall be unlawful to allow a property to remain in a condition
that does not conform to the approved SWM site plan.
[Ord. No. 338, 1/10/2011]
[Ord. No. 338, 1/10/2011]
1.
Any approval or permit issued by Elizabethville Borough may be suspended
or revoked for:
A.
Noncompliance with or failure to implement any provision of the approved
SWM site plan or operation and maintenance (O&M) agreement.
B.
A violation of any provision of this chapter or any other applicable
law, ordinance, rule or regulation relating to the regulated activity.
C.
The creation of any condition or the commission of any act, during
the regulated activity, which constitutes or creates a hazard or nuisance,
pollution, or which endangers the life or property of others.
3.
An approval that has been revoked by the Borough cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this chapter.
[Ord. No. 338, 1/10/2011]
1.
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 $1,000 for each violation, recoverable with costs.
Each day that the violation continues shall be a separate offense,
and penalties shall be cumulative.
2.
In addition, the Borough, through its Solicitor, 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.
[Ord. No. 338, 1/10/2011]
1.
Any person aggrieved by any action of the Borough, or its designee,
relevant to the provisions of this chapter may appeal to the Borough
Council within 30 days of that action.
2.
Any person aggrieved by any decision of the Borough Council relevant
to the provisions of this chapter may appeal to the Dauphin County
Court of Common Pleas within 30 days of the Board's decision.
