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Township of Clinton, PA
Butler County
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Code
New Laws (3) Index
A. 
In the event that a person fails to comply with the requirements of this chapter, an approved SWM site plan, or fails to conform to the requirements of any permit or approval issued hereunder, the Township shall provide written notification of the violation. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s).
B. 
Failure to comply within the time specified shall subject such person to the penalties provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent the Township 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.
A. 
The Township governing body 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 Township or its designee may make periodic inspections during construction.
B. 
Adherence to approved SWM site plan.
(1) 
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.
(2) 
It shall be unlawful to alter or remove any control structure required by the SWM site plan pursuant to this chapter.
(3) 
It shall be unlawful to allow a property to remain in a condition that does not conform to an approved SWM site plan.
A. 
A violation of any provision of this chapter is hereby deemed a public nuisance.
B. 
Each day that a violation continues shall constitute a separate violation.
A. 
Any approval or permit issued by the Township may be suspended or revoked for:
(1) 
Noncompliance with or failure to implement any provision of the approved SWM site plan or Operation and Maintenance (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 or nuisance, pollution, or which endangers the life or property of others.
B. 
A suspended approval or permit may be reinstated by the Township when:
(1) 
The Township or its designee has inspected and approved the corrections to the violation(s) that caused the suspension.
(2) 
The Township is satisfied that the violation(s) has been corrected.
C. 
An approval that has been revoked by the Township cannot be reinstated. The applicant may apply for a new approval under the provisions of this chapter.
[Amended 7-13-2020 by Ord. No. 2020-01]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
A. 
Any person aggrieved by any action of the Township or its designee, relevant to the provisions of this chapter, may appeal to the Township within 30 days of that action.
B. 
Any person aggrieved by any decision of the Township, relevant to the provisions of this chapter, may appeal to the Butler County Court of Common Pleas within 30 days of the Township's decision.