Borough of Norristown, PA Article IX Enforcement and Penalties

§ 276-42 Right-of-entry.

A. Upon presentation of proper credentials, 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 controls or BMPs in regard to any aspect governed by this chapter.

B. Stormwater control and BMP owners and operators shall allow persons working on behalf of the Municipality ready access to all parts of the premises for the purposes of determining compliance with this chapter.

C. Persons working on behalf of the Municipality shall have the right to temporarily locate on any stormwater control or BMP in the Municipality such devices as are necessary to conduct monitoring and/or sampling of the discharges from such stormwater control or BMP.

D. Unreasonable delays in allowing the Municipality access to a stormwater control or BMP is a violation of this article.

§ 276-43 Violations deemed to be public nuisance.

A. The violation of any provision of this chapter is hereby deemed a public nuisance.

B. Each day that a violation continues shall constitute a separate violation.

§ 276-44 Notification of violation.

A. Whenever the Municipality finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Municipality may order compliance by written notice to the responsible person. Such notice may, without limitation, require the following remedies:

(1) Performance of monitoring, analyses, and reporting;

(2) Elimination of prohibited connections or discharges;

(3) Cessation of any violating discharges, practices, or operations;

(4) Abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(5) Payment of a fine to cover administrative and remediation costs;

(6) Implementation of stormwater controls and BMPs; and

(7) Operation and maintenance of stormwater controls and BMPs.

B. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violations(s). Said notice may further advise that, if applicable, 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 shall be charged to the violator.

C. 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.

§ 276-45 Suspension and revocation of permits and approvals.

A. Any building, land development, or other permit or approval issued by the Borough may be suspended or revoked by the Borough for:

(1) Noncompliance with or failure to implement any provision of the permit;

(2) A violation of any provision of this chapter; or

(3) 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, health, or property of others.

B. A suspended permit or approval shall be reinstated by the Borough when:

(1) The Borough Engineer or designee has inspected and approved the corrections to the stormwater controls and BMPs or the elimination of the hazard or nuisance, and/or

(2) The Borough is satisfied that the violation of the Ordinance, law, or rule and regulation has been corrected.

C. A permit or approval that has been revoked by the Borough cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.

§ 276-46 Violations and penalties.

A. Any person violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $1,000 for each violation, recoverable with costs, or imprisonment for not more than 30 days, or both. Each day that the violation continues shall be a separate offense.

B. 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.

§ 276-47 Compliance required.

In the event that a 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 state the nature of the violation(s) and establish a 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 prevent the Borough from pursuing any and all remedies. It shall be the responsibility of the owner of the real property on which any regulated activity is proposed to occur, is occurring, or has occurred to comply with the terms and conditions of this chapter.

§ 276-48 Enforcement.

The Borough governing body is hereby authorized and directed to enforce all of the provisions of this chapter. All inspections regarding compliance with the drainage plan shall be the responsibility of the Borough Engineer or other qualified persons designated by the Borough.

A. A set of design plans approved by the Borough shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made by the Borough or designee during construction.

B. It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under § 276-5 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved drainage plan.

C. At the completion of the project and as a prerequisite for the release of the performance guarantee, the owner or his representatives shall:

(1) Provide a certification of completion from an engineer, architect, surveyor, or other qualified person verifying that all permanent facilities have been constructed according to the plans and specifications and approved revisions thereto.

(2) Provide a set of as-built (record) drawings.

D. After receipt of the certification by the Borough, a final inspection shall be conducted by the Borough Engineer or designated representative to certify compliance with this chapter.

E. Prior to revocation or suspension of a permit and at the request of the applicant, the governing body will schedule a hearing to discuss the noncompliance if there is no immediate danger to life, public health, or property. The expense of a hearing shall be the applicant's responsibility.

F. Occupancy permit. An occupancy permit shall not be issued unless the certification of completion pursuant to Subsection C(1) has been secured. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land developments in the Borough.

§ 276-49 Appeals.

A. Any person aggrieved by any action of the Borough of Norristown or its designee may appeal to the Borough of Norristown Borough Council within 30 days of that action.

B. Any person aggrieved by any decision of the Borough of Norristown Borough Council may appeal to the Montgomery County Court of Common Pleas where the activity has taken place within 30 days of the Borough decision.