Upon presentation of proper credentials and with the consent of the
landowner, duly authorized representatives of the Township may enter
at reasonable times upon any property within the Township to inspect
the implementation, condition or operation and maintenance of the
stormwater BMPs or to investigate or ascertain the condition of the
subject property in regard to any aspect regulated by this chapter;
and
In the event that the landowner refuses admission to the property,
duly authorized representatives of the Township may seek an administrative
search warrant issued by a district justice to gain access to the
property.
Whenever the Township finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the Township may
order compliance by written notice to the responsible person. Such
notice may require without limitation:
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of the violation(s). Said
notice may further advise that should the violator fail to take the
required action within the established deadline, the work will be
done by the Township or designee and the expense thereof, together
with all related lien and enforcement fees, charges and expenses,
shall be charged to the violator; and
Failure to comply within the time specified shall also subject such
person to the penalty provisions of this chapter. All such penalties
shall be deemed cumulative and shall not prevent the Township from
pursuing any and all other remedies available in law or equity.
The creation of any condition or the commission of any act during
construction or development which constitutes or creates a hazard
or nuisance, pollution or which endangers the life or property of
others.
A permit or approval which has been revoked by the Township cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this chapter.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than $500 plus all court costs, including reasonable
attorney's fees Incurred by the Township as a result thereof.
No judgment shall commence or be imposed, levied or payable until
the date of the determination of a violation by the district justice.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to a separate violation,
unless the district justice, determining that there has been a violation,
further determines that there was a good faith basis for the person,
partnership, or corporation violating this chapter to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation until the fifth day following
the date of the determination of a violation by the district justice
and thereafter each day that a violation continues shall constitute
a separate violation;
The court of common pleas, upon petition, may grant an order of stay
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment;
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section;
In addition, the Township, 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.
Any person aggrieved by any action of the Township or its designee
relevant to the provisions of this chapter may appeal using the appeal
procedures established in the Pennsylvania Municipalities Planning
Code.[1]