The violation of any provision of this chapter
is hereby deemed a public nuisance.
A.
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:
(1)
The performance
of monitoring, analyses and reporting;
(2)
The elimination
of prohibited connections or discharges;
(3)
Cessation
of any violating discharges, practices or operations;
(4)
The abatement
or remediation of stormwater pollution or contamination hazards and
the restoration of any affected property;
(5)
Payment of
a fine to cover administrative and remediation costs;
(6)
The implementation
of stormwater BMPs and
(7)
Operation
and maintenance of stormwater BMPs.
B.
Such notification
shall set forth the nature of the violation(s) and establish a time
limit for correction of these violations(s). Said notice may further
advise that, if applicable, 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 shall be charged to the
violator.
C.
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.
D.
Each day that
a violation continues shall constitute a separate violation.
A.
Any building
land development or other permit or approval issued by the Township
may be suspended or revoked by the Township for:
(1)
Noncompliance
with or failure to implement any provision of the permit;
(2)
A violation
of any provision of this chapter; or
(3)
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.
B.
A suspended permit
or approval shall be reinstated by the Township when:
A.
Any person who
violates or permits a violation of this chapter shall, upon conviction
in a summary proceeding brought before a Magisterial District Judge
under the Pennsylvania Rules of Criminal Procedure, be guilty of a
summary offense and shall be punishable by a fine of not more than
$1,000, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense, and
each section of this chapter that is violated shall also constitute
a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
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 the provisions of this chapter may appeal
to the relevant judicial or administrative body according to law within
the time period allowed.
