Upon presentation of proper credentials and with the
consent of the land owner, duly authorized representatives of the
Borough may enter at reasonable times upon any property within the
Borough to inspect the implementation, condition or operation and
maintenance of the stormwater BMPs or to investigate or ascertain
the condition of the subject property in regard to any aspect regulated
by this chapter.
In the event that the land owner refuses admission
to the property, duly authorized representatives of the Borough may
seek an administrative search warrant issued by a district justice
to gain access to the property.
Whenever the Borough finds that a person has violated
a prohibition or failed to meet a requirement of this chapter, the
Borough may order compliance by written notice to the responsible
person. Such notice may require without limitation:
Such notification shall set forth the nature of the
violation(s) and establish a time limit for correction of the violation(s).
Said notice may further advise that should the violator fail to take
the required action within the established deadline, the work will
be done by the Borough or designee and the expense thereof, together
with all related lien and enforcement fees, charges and expenses,
shall be charged to the violator.
Failure to comply within the time specified shall
also subject such person to the penalty provisions of this chapter.
All such penalties shall be deemed cumulative and shall not prevent
the Borough from pursuing any and all other remedies available in
law or equity.
The creation of any condition or the commission of
any act during construction or development which constitutes or creates
a hazard or nuisance, pollution or which endangers the life or property
of others.
A permit or approval which has been revoked by the
Borough cannot be reinstated. The applicant may apply for a new permit
under the procedures outlined in this chapter.
Any person, partnership or corporation who or which
has violated the provisions of this chapter shall, upon being found
liable therefor in a civil enforcement proceeding commenced by the
Borough, pay a judgment of not more than $500 plus all court costs,
including reasonable attorneys' fees incurred by the Borough 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 Borough may enforce the judgment pursuant to 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 person, partnership, or corporation 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.
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.
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the Borough
the right to commence any action for enforcement pursuant to this
section.
In addition, the Borough, through its solicitor, may
institute injunctive, mandamus or any other appropriate action or
proceeding at law or in equity for the enforcement of this chapter.
Any court of competent jurisdiction shall have the right to issue
restraining orders, temporary or permanent injunctions, mandamus or
other appropriate forms of remedy or relief.
Any person found guilty of violating an ordinance shall be assessed
court costs and reasonable attorneys’ fees incurred by the Borough
in the enforcement proceedings.
[Added 4-1-2013 by Ord.
No. 1288]
Any person aggrieved by any action of the Borough
or its designee relevant to the provisions of this chapter may appeal
using the appeal procedures established in the Pennsylvania Municipalities
Planning Code.