Upon presentation of proper credentials, duly authorized representatives of the Borough may enter at reasonable times upon any property within the Borough to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this chapter.
In the event that any person fails to comply with the requirements of this chapter, or fails to conform to the requirements of any permit issued hereunder, the Borough shall provide written notification of the violation. Such notification shall set forth the nature of the violation(s) and establish a reasonable time limit for correction of these violation(s). Failure to comply within the time specified shall subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and shall not preclude by the Borough from pursuing any and all other remedies.
A. 
The Borough Council is hereby authorized and directed to enforce all of the provisions of this chapter. All inspections regarding compliance with the stormwater management site plan shall be the responsibility of the Borough Engineer or other qualified persons designated by the Borough.
(1) 
A set of SWM site plans approved by the Borough shall be on file at the development site throughout the duration of the regulated activity. Periodic inspections may be made by the Borough or its designee during construction.
(2) 
It shall be unlawful for any person, firm, or corporation to undertake any activity under § 187-5 on any property except as provided for in the approved stormwater management site plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the stormwater management site plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved stormwater management site plan.
(3) 
Any approval or permit issued by the Borough pursuant to this chapter may be suspended or revoked for:
(a) 
Noncompliance with or failure to implement any provision of the approved SWM site plan or O&M agreement.
(b) 
A violation of any provision of this chapter or any other applicable law, ordinance, rule, or regulation relating to the regulated activity.
(c) 
The creation of any condition or the commission of any act during the regulated activity which constitutes or creates a hazard, nuisance, pollution, or endangers the life or property of others.
(4) 
A suspended approval may be reinstated by the Borough when:
(a) 
The Borough has inspected and approved the corrections to the violations that caused the suspension.
(b) 
The Borough is satisfied that the violation has been corrected.
(5) 
An approval that has been revoked by the Borough cannot be reinstated. The applicant may apply for a new approval under the provisions of this chapter.
(6) 
If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the Borough may provide a limited time period for the owner to correct the violation. In these cases, the Borough will provide the landowner, or the landowner'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 Borough may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.
B. 
It shall be a violation of this chapter to commit any of the following acts:
(1) 
To commence regulated activities prior to obtaining unconditional approval of an SWM site plan or in violation of the terms or conditions of an SWM site plan approved under this chapter.
(2) 
To install, repair, modify or alter SWM facilities prior to obtaining approvals under this chapter or in a manner which violates the terms and conditions of any approval issued under this chapter.
(3) 
To misuse or fail to maintain any SWM facility installed upon a property.
(4) 
To construct any improvements upon, grade, fill or take any other action which will impair the proper functioning of any SWM facility.
(5) 
To place false information on or omit relevant information from an application for approval under this chapter.
(6) 
To fail to comply with any other provisions of this chapter.
A. 
For each violation of the provisions of this chapter, the owner, agent, lessee, or contractor or any other person who commits, takes part in, or assists in any such violation shall be liable, upon conviction thereof in a summary proceeding, to pay a fine of not less than $200 nor more than $1,000 for each offense, together with the costs of prosecution. Each day or portion thereof in which a violation exists shall be considered a separate violation of this chapter, and each section of this chapter which is violated shall be considered a separate violation. In accordance with Section 3321(6) of the Borough Code, any person found guilty of violating this chapter may be assessed reasonable attorneys' fees incurred by the Borough in the enforcement proceeding.
B. 
The Borough may also institute suits to restrain, prevent, or abate a violation of this chapter in equity or at law. Such proceedings in equity or at law may be initiated before any court of competent jurisdiction. In cases of emergency where, in the opinion of the court, the circumstances of the case require immediate abatement of the unlawful conduct, the court may, in its decree, fix a reasonable time during which the person responsible for the unlawful conduct shall correct or abate the same. The expense of such proceedings shall be recoverable from the violator in such manner as may now or hereafter be provided by law. In accordance with Section 3321(6) of the Borough Code, any person found guilty of violating this chapter may be assessed reasonable attorneys' fees incurred by the Borough in the enforcement proceeding.
C. 
The Borough Council may also take actions relating to suspension or revocation of permits set forth in § 187-45.
D. 
The Borough Council may, by resolution, appoint a Code Enforcement Officer to enforce this chapter and may authorize such Code Enforcement Officer to institute summary criminal proceedings without prior action by the Borough Council.
A. 
Any person aggrieved by any action of the Borough or its designee may appeal to the Borough Council within 30 days of that action. Any such appeal shall be governed by the procedures of Article V of the Local Agency Law, 2 Pa. C.S.A. § 401 et seq.
B. 
Any person aggrieved by any decision of Borough Council may appeal to the Lancaster County Court of Common Pleas within 30 days of that decision, in accordance with Article VII of the Local Agency Law, 2 Pa.C.S.A. § 701 et seq.
Nothing in this chapter shall be construed to affect any suit or proceeding pending in any court, or any rights or liability incurred, or any permit issued, or any approval granted, or any cause or causes of action existing prior to the enactment of this chapter.
This chapter shall take effect and be in force five days after its enactment by the Manheim Borough Council, as provided by law.