Failure to file the required drainage plans
as mandated by terms of this Part 1 and commencement of any development
activities, including excavation or construction of a permanent nature
in any watershed areas of Whitpain Township including the watersheds,
subwatersheds and basins within the Stony Creek and Saw Mill Run watersheds,
shall constitute a violation of this Part 1.
Notice of violation shall be effective when
written notice of a violation of any provision of this Part 1 has
been delivered, either personally or by certified mail, return receipt
required, by the Township Engineer or his or her duly authorized agent
to the owner, the agent of the owner, the contractor or the subcontractor
of the owner or the occupant of the premises where such violation
or purported violation is occurring.
A.
Any person, partnership, corporation, unincorporated
association, institution or other entity who or which shall violate
any of the provisions of this Part 1 shall, upon conviction thereof
in a summary proceeding, be sentenced to pay a fine of not more than
$1,000. In default of payment of the fine, such person, the members
of such partnership or unincorporated association and the officers
of such corporation or institution shall be liable to imprisonment
for not more than 60 days.
B.
Per diem penalties. Each day that a violation continues
shall constitute a separate violation or offense.
In case any building or structure is erected,
altered, constructed, reconstructed, repaired, converted or maintained
or any building, structure or land is used in violation of any provision
of this Part 1, or regulation adopted hereunder, the Board of Supervisors
of Whitpain may institute any appropriate action or proceedings, in
addition to other remedies provided by law, whether by legal processes
or otherwise, to prevent such unlawful excavating, construction, alteration
or use, to restrain, correct or abate such violation, to prevent occupancy
of said building, structure or use or to prevent any illegal act,
conduct, business or use in or about the premises.
