Borough of Girard, PA Article X Enforcement and Penalties

§ 360-34 Notification of violation.

A. In the event that a person fails to comply with the requirements of this chapter, an approved SWM site plan, or fails to conform to the requirements of any permit or approval issued hereunder, Girard Borough shall provide written notification of the violation. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s).

B. Failure to comply within the time specified shall subject such person to the penalties provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent Girard Borough from pursuing any and all other remedies. It shall be the responsibility of the owner of the real property on which any regulated activity is proposed to occur, is occurring or has occurred to comply with the terms and conditions of this chapter.

§ 360-35 Adherence to approved plan required.

A. It shall be unlawful for any person, firm, or corporation to undertake any regulated activity on any property except as provided for by an approved SWM site plan and pursuant to the requirements of this chapter.

B. It shall be unlawful to alter or remove any control structure required by the SWM site plan pursuant to this chapter.

C. It shall be unlawful to allow a property to remain in a condition that does not conform to an approved SWM site plan.

§ 360-36 Violation deemed public nuisance.

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

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

§ 360-37 Suspension and revocation of permits and approvals.

A. Any approval or permit issued by Girard Borough may be suspended or revoked for:

(1) Noncompliance with or failure to implement any provision of the approved SWM site plan or operation and maintenance (O&M) agreement.

(2) A violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the regulated activity.

(3) The creation of any condition or the commission of any act during the regulated activity which constitutes or creates a hazard or nuisance, pollution, or which endangers the life or property of others.

B. A suspended approval or permit may be reinstated by Girard Borough when:

(1) Girard Borough or its designee has inspected and approved the corrections to the violation(s) that caused the suspension.

(2) Girard Borough is satisfied that the violation(s) has been corrected.

C. An approval that has been revoked by Girard Borough cannot be reinstated. The applicant may apply for a new approval under the provisions of this chapter.

§ 360-38 Violations and penalties. [1]

Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Borough in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 360-39 Appeals.

A. Any person aggrieved by any action of Girard Borough or its designee, relevant to the provisions of this chapter, may appeal to Girard Borough within 30 days of that action.

B. Any person aggrieved by any decision of Girard Borough, relevant to the provisions of this chapter, may appeal to the Erie County Court of Common Pleas within 30 days of Girard Borough's decision.