Township of Palmer, PA Article IX Right of Entry; Notification; Enforcement

§ 158-40 Right of entry.

A. Upon presentation of proper credentials, duly authorized representatives of the municipality may, with the consent of owners and operators subject to a BMP plan, enter at reasonable times upon any property within the municipality 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 ordinance.

B. In accordance with Subsection A above, owners and operators subject to a BMP plan shall allow persons working on behalf of the municipality ready access to all parts of the premises for the purposes of determining compliance with this ordinance.

C. In accordance with Subsection A above, persons working on behalf of the municipality shall have the right to temporarily locate on any BMP site subject of a BMP plan in the municipality such devices as are necessary to conduct monitoring and/or sampling of the discharges from such BMPs.

D. In accordance with Subsection A above, owners and operators subject to a BMP plan shall not cause unreasonable delays in allowing the municipality access to a BMP.

§ 158-41 Notification.

A. Whenever the municipality finds that a person has violated a prohibition or failed to meet a requirement of this ordinance, the municipality 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.

(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 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 municipality or designee, and the expense thereof, together with all related lien and enforcement fees, charges and expenses, 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 ordinance. All such penalties shall be deemed cumulative and shall not prevent the municipality from pursuing any and all other remedies available in law or equity.

§ 158-42 Violations.

A. The violation of any provision of this ordinance is hereby deemed a public nuisance.

B. Each day that an offense continues shall constitute a separate violation.

§ 158-43 Suspension and revocation of permits and approvals.

A. Any building, land development or other permit or approval issued by the municipality may, in accordance with appropriate law, be suspended or revoked by the municipality for:

(1) Noncompliance with or failure to implement any provision of the permit.

(2) A violation of any provision of this ordinance.

(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 municipality when:

(1) The municipality or designee has inspected and approved the corrections to the stormwater BMPs or the elimination of the hazard or nuisance.

(2) The municipality is satisfied that the violation of the ordinance, law or rule and regulation has been corrected.

(3) Payment of all municipal fees, costs and expenses related to or arising from the violation has been made.

C. A permit or approval which has been revoked by the municipality cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this ordinance.

§ 158-44 Penalties.

A. Any person found by the municipality to have violated any provision of this ordinance shall be subject to the enforcement provisions in Article V of the Pennsylvania Municipalities Planning Code and/or Section 15 of the Pennsylvania Stormwater Management Act (Act 167).

B. In addition, the municipality, through its Solicitor, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this ordinance. 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.

§ 158-45 Appeals.

Any person aggrieved by any action of the municipality or its designee relevant to the provisions of this ordinance may appeal using the appeal procedures established in the Pennsylvania Municipalities Planning Code.