[Ord. No. 2012-004, 3/14/2012]
1. 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, Wesleyville
Borough 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).
2. 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 Wesleyville 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. 2012-004, 3/14/2012]
1. 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 an approved SWM site plan.
[Ord. No. 2012-004, 3/14/2012]
1. A violation of any provision of this chapter is hereby deemed a public
nuisance.
2. Each day that a violation continues shall constitute a separate violation.
[Ord. No. 2012-004, 3/14/2012]
1. Any approval or permit issued by Wesleyville 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.
2. A suspended approval or permit may be reinstated by Wesleyville Borough
when:
A. Wesleyville Borough or its designee has inspected and approved the
corrections to the violation(s) that caused the suspension.
B. Wesleyville Borough is satisfied that the violation(s) has been corrected.
3. An approval that has been revoked by Wesleyville Borough cannot be
reinstated. The applicant may apply for a new approval under the provisions
of this chapter.
[Ord. No. 2012-004, 3/14/2012]
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 $_____ 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, Wesleyville 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.
[Ord. No. 2012-004, 3/14/2012]
1. Any person aggrieved by any action of Wesleyville Borough or its
designee, relevant to the provisions of this chapter, may appeal to
Wesleyville Borough within 30 days of that action.
2. Any person aggrieved by any decision of Wesleyville Borough, relevant
to the provisions of this chapter, may appeal to the Erie County Court
of Common Pleas within 30 days of Wesleyville Borough's decision.