The government officer responsible for the issuance of building permits
and enforcement of building codes shall administer and enforce this chapter
to include any and all matters relating to the establishment, disestablishment,
or amendment of sites to be included within designated non-use aquifer areas.
Those matters shall include but not be limited to the processing of any requests
from remediators or redevelopment authorities, the proposal of amendments
to the Official Non-Use Aquifer Map, and notification of the public water
supplier and the Land Recycling Program Manager of the Northwest Regional
Office of the PADEP of any changes in status or requirements. This officer
shall be appointed by the governing body of the City and shall not hold any
elective office in the City. If he finds that any provisions of this chapter
are being violated, he shall notify, in writing, the person responsible for
such violation, indicating the nature of the violation and ordering the action
necessary to correct it. He shall order the discontinuance of the illegal
use of aquifer water supplies and shall take any other action authorized by
this chapter to ensure compliance with or to prevent violation of its provisions.
A schedule of fees to cover the implementation of this chapter shall
be established by resolution of Council.
A.
Violation of the provisions of this chapter or failure
to comply with any and all of its requirements shall be grounds for a civil
proceeding. Any property owner or lessee of land situate in a non-use aquifer
area who has violated or permitted the violation of the provisions of this
chapter shall, upon being found liable therefor in a civil proceeding commenced
by the City, pay a judgment of not more than $500, plus all court costs, including
reasonable attorney's fees incurred by the City as a result thereof.
No judgments shall commence or be imposed, levied, or payable until the date
of the determination of the violation by the Magisterial District Judge. Each
day that a violation continues shall constitute a separate violation, although
the District Justice may, at his discretion, determine that the first day
of violation is the fifth day after his decision if he believes the violator
was unaware of the violation prior to being charged. All judgments, costs,
and reasonable attorney's fees collected shall be paid to the City.
B.
Nothing contained herein shall be construed or interpreted
to grant to any person or entity other than the City the right to commence
any action for enforcement pursuant to this section, nor prevent the City
from taking such other lawful action as is necessary to prevent or remedy
any violation or to bring an action to enjoin any violation of this chapter.
This chapter shall be effective 30 days after adoption. The City Clerk
shall notify the Commonwealth of Pennsylvania Department of Environmental
Protection and the public water supplier of the adoption of this chapter.
