The township shall designate by resolution a qualified individual, agency or combination thereof to act as the Enforcement Officer. Said Enforcement Officer will execute the regulations set forth in this chapter. In the event that the Enforcement Officer is unable to perform his or her duties or in the event of a conflict of interest, the township may appoint an alternate to fulfill his or her responsibilities.
Upon presentation of proper credentials, duly authorized representatives of the township may enter at reasonable times upon any property within the township to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this chapter. This includes property housing stormwater management facilities for which the township is not directly responsible for maintenance as provided in §§ 91-26 and 91-27.
Any activity conducted in violation of this chapter is declared to be a public nuisance.
A.
Notice. In the event that an owner, applicant, developer, property manager or his or her agent fails to comply with this chapter, the Enforcement Officer shall provide a written notice of the violation to be served upon the person. Such notice shall set forth the nature of the violation(s) and direct the person to whom it is served to comply with all the terms of this chapter within seven days or such additional period, not to exceed 30 days, as the Enforcement Officer shall deem reasonable, and further the Enforcement Officer shall give notice to the owner, applicant, developer, property manager or his or her agent that if the violation is not corrected, the township may correct the same and charge the landowner or other person responsible the cost thereof, plus penalties as specified herein for failure to comply.
B.
Service of notice. Such notice may be delivered by the United States mail, first-class, postage prepaid; or by certified or registered mail; or by personal service; or, if the property is occupied, by posting the notice at a conspicuous place upon the subject property.
A.
Any owner, applicant, developer, property manager or his or her agent violating the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the township, pay a judgment of not more than $500, plus all court costs, including reasonable attorneys' fees incurred by the township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice, determining that there has been a violation, further determines that there was a good-faith basis for the owner, applicant, developer, property manager or his or her agent violating this chapter to have believed that there was no such violation, in which event, there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation.
B.
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the township the right to commence any action for enforcement pursuant to this section.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction, be punishable by a fine not exceeding $600, plus costs of prosecution, and, in default of payment thereof, by a period of imprisonment not exceeding 30 days.