City of Scranton, PA Article X Enforcement and Penalties

§ 405-41 Right of entry.

Upon presentation of proper credentials, the City of Scranton may enter at reasonable times upon any property within the City of Scranton to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this Part 3.

§ 405-42 Inspection.

SWM BMPs should be inspected by the landowner, or the owner's designee (including the City of Scranton for dedicated and owned facilities), according to the following list of minimum frequencies:

A. Quarterly for the first three years;

B. Biannually thereafter;

C. During or immediately after the cessation of a significant (>2 inches of rainfall in a twenty-four-hour period) storm event.

§ 405-43 Enforcement.

A. It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted in § 405-24.

B. It shall be unlawful to violate § 405-40 of this Part 3 or to alter or remove any control structure required by the SWM site plan.

C. Inspections regarding compliance with the SWM site plan are a responsibility of the City of Scranton. (This does not relieve the landowner of his/her obligation to inspect and maintain his/her facilities.)

D. If the City of Scranton determines at any time that any permanent stormwater management facility has been eliminated, altered, or improperly maintained, the City of Scranton shall advise the responsible party of required corrective measures and shall provide said responsible party with a specific time to implement the required corrective measures. If such action is not taken by the property owner, the City of Scranton may cause the work to be done and back-charge all costs to the property owners in accordance with this Part 3.

§ 405-44 Suspension and revocation.

A. Any approval or permit issued may be suspended or revoked by the City of Scranton for:

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

(2) A violation of any provision of this Part 3 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 may be reinstated by the City of Scranton when:

(1) The City of Scranton has inspected and approved the corrections to the violations that caused the suspension.

(2) The City of Scranton is satisfied that the violation has been corrected.

C. An approval that has been revoked by the City of Scranton cannot be reinstated. The applicant may apply for a new approval under the provisions of this Part 3.

D. If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the City of Scranton shall provide a reasonable time frame for the owner to correct the violation. In these cases, the City of Scranton will provide the owner, or the owner's designee, with a written notice of the violation and the time period allowed for the owner to correct the violation. If the owner does not correct the violation within the allowed time period, the City of Scranton may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this Part 3.

§ 405-45 Violations and penalties.

Any person who fails to comply with this Part 3 within the period stated in the notice of the designated municipal representative shall, upon conviction thereof, be guilty of a summary offense and shall be sentenced to pay a penalty of not more than $300. Each and every day of continued violation and of each specific violation shall constitute a separate violation.

A. In the event that the owner, developer, occupant, applicant, property manager or other person responsible fails to comply with the terms of this Part 3 within the time specified by the municipal representative, the City of Scranton may take any actions necessary to remove the public nuisance. The costs of removal of the violation shall be in addition to any penalties for violations for failure to comply.

B. In addition to the fines for violations, costs, and penalties provided for by this article, the City of Scranton may institute proceedings in courts of equity to require owners and/or occupants of real estate to comply with the provision of this Part 3.

C. The cost of removal, fine, and penalties hereinabove mentioned may be entered by the City of Scranton as a lien against such property, or properties of individual members of a property owners' association, in accordance with existing provisions of law.

§ 405-46 Appeals.

A. Any person aggrieved by any action of the City of Scranton, or its designee, relevant to the provisions of this Part 3 may appeal to the City Planning Commission within 30 days of that action.

B. The City Planning Commission may grant an appeal to modify the requirements of one or more provisions if the application of this Part 3 will exact undue hardship due to peculiar conditions pertaining to the land in question, providing such modification will not be contrary to the public interest and that the purpose and intent of this Part 3 is observed.

(1) All requests to the City Planning Commission shall be in writing. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision(s) of this Part 3, and the minimum modification necessary.

C. Any person aggrieved by any decision of the City of Scranton relevant to the provisions of this Part 3 may appeal to the County Court of Common Pleas in the county where the activity has taken place within 30 days of the City of Scranton's decision.