[Adopted 8-17-1959 by Ord. No. 182]
A.
No person, partnership, corporation or other legal entity or owner
of lands within the Borough of Baldwin shall in any manner whatsoever
disturb, interfere with or otherwise hamper the location, position,
stability and/or operation of any storm or sanitary sewer installation
owned and/or maintained by the Borough of Baldwin or any authority
created by said Borough.
B.
No person, partnership, corporation or other legal entity or any
owner of lands within said Borough shall in any manner whatsoever
disturb the contour of land over, above or in the immediate vicinity
of any storm or sanitary sewer installation owned and/or maintained
by said Borough or any authority created by said Borough, either by
adding earth or other fill or by removing earth or other fill in the
vicinity of such installations, without having preliminarily obtained
written authorization in the manner hereinafter provided for.
Any person, partnership, corporation or other legal entity or
owner of lands within said Borough desiring to change the contour
of land over, above or in the immediate vicinity of any storm or sanitary
sewer installation shall made written application to the Borough Secretary
for permission so to do and shall submit a plan of the proposed changes.
Permission shall not be granted unless and until the Borough Engineer
shall have examined the application and plan and made written certification
to the Borough that the proposed change will not be detrimental to
the sewer installation or the maintenance thereof.
Any person, partnership, corporation or other legal entity or
any owner of lands within said Borough who or which shall violate
or fail to observe the provisions of this article, insofar as it relates
to the placement and/or removal of earth and/or other fill over and
in the immediate vicinity of sanitary and storm sewer installations,
shall forthwith restore the land to its original condition at his
or their own cost and expense, and if said condition is not corrected
within 10 days after written notification so to do by the Borough
Secretary or the secretary of any authority created by said Borough,
the Borough of Baldwin or any authority created by said Borough may
enter upon and restore said land to its original condition, and the
cost and expense thereof, together with a penalty of 10%, shall be
collected from the owner or owners of such land and/or those violating
this article in the manner provided by law; provided, however, that
the recovery of such costs and expenses may be in addition to the
penalties otherwise provided by this article.
[Amended 12-19-1985 by Ord. No. 566]
Any person, partnership, corporation or other legal entity or
any owner of lands who or which shall violate any of the provisions
of this article shall, upon conviction thereof, be subject to a fine
of not more than $300 and costs of prosecution or to imprisonment
for not more than 30 days; provided, however, that each day's continuance
of a violation after notice has been given by the individuals above
authorized shall constitute a separate offense.
