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.
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.
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An approval that has been revoked by the Township cannot be reinstated.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.