A.
Neither the issuance of a permit under the provisions of this chapter,
nor the compliance with the provisions hereof or with any conditions
imposed by the administrator or Engineer hereunder shall relieve any
permit holder from any responsibility for damage to persons or property
resulting therefrom or as otherwise imposed by law, nor impose any
liability upon the municipality, its employees and its consultants
for damages to persons or property.
B.
The applicant shall be fully responsible for any noncompliance with
approved plans. He or she shall carry the responsibility both for
his or her own employees and for all subcontractors from the first
day of grading until release by the Borough. The use of qualified
personnel experienced and knowledgeable in the practice of excavation
and landscape restoration shall be required.
C.
Compliance with the requirements of this chapter shall be incumbent
upon the person performing any grading, presence or absence of an
inspector notwithstanding.
A.
No person shall construct, enlarge, alter, repair or maintain any
grading, excavation or fill or cause the same to be done contrary
to or in violation of any provision of this chapter.
B.
When notice of any violation of or noncompliance with the provisions
of this chapter has been given by the Building Inspector or the Code
Enforcement Officer or their representative to any person, such violation
shall be discontinued immediately or within a reasonable time limit
specified in such notice. If such violation is not discontinued or
extends beyond the specified time limit, the Building Inspector shall
revoke the grading permit, and the violator shall be subject to the
applicable penalty.
C.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not more than $1,000, plus court costs and
reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Allegheny County.
[Amended 8-1-1994 by Ord. No. 1433[1]]
In case any work is performed by any person in violation of
any of the provisions of this chapter, the proper officer of the Borough
of Dormont, in addition to other remedies, may institute in the name
of the Borough of Dormont an appropriate action or proceeding, whether
by legal process or otherwise, to prevent such unlawful work and to
restrain or abate such violation.
