[Adopted 12-29-1976 by Ord. No. 76-03]
No excavation or boring made on any property
lying within East Brandywine Township for the purpose of making percolation,
drainage, water, geologic or similar type tests shall remain open
or unprotected for a period in excess of 30 days.
For the purpose of this article, the following
definitions shall apply:
OPEN
Not refilled or sealed with a proper weight-bearing substance
to the level of the immediately adjacent undisturbed ground surface.
PERSON
A natural person, corporation, association, partnership,
estate or like entity.
UNPROTECTED
Not fenced or otherwise enclosed within a close proximity
on all sides of the excavation or boring by a fence or other barrier
not less than four feet in height and containing openings of not greater
than four inches.
Any person who shall make such excavation or
boring or shall cause or allow such excavation to be made on land
owned or occupied by such person to remain open and unprotected shall
be in violation of the provisions of this article and shall be, upon
conviction in a summary proceeding brought before a Magisterial District
Judge having jurisdiction, liable to payment of a fine of not less
than $10 nor more than $1,000. Each excavation or boring maintained
in violation of the provisions of this article shall be considered
a separate offense.
In addition to proceedings as provided for in §
155-3 above, the Township of East Brandywine, if such violation or violations persist for a period of 10 days after notice of violation has been sent to the last known address of the owner of the premises as shown on the tax records of the Township by first-class U.S. Mail, postage prepaid, may proceed to correct such violations and recover the cost of such correction in the manner provided for the enforcement of municipal claims or by an action in assumpsit. Nothing herein shall be deemed to limit any right the Township or others may have to bring appropriate action in law or equity to abate the continuance of a violation of this article.