A.
Whenever the municipality finds that a person has
prohibited or failed to meet a requirement of this chapter, the municipality
may order compliance by written notice to the responsible person.
Such notice may require without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of prohibited connections or illegal
discharges;
(3)
Cessation of any violating discharges, practices,
or operations;
(4)
The 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; and
(6)
The implementation of stormwater BMPs.
(7)
Operation and maintenance of stormwater management measures and/or
facilities.
[Added 12-2-2020 by Ord. No. 733]
(8)
Assessment and payment of any and all costs and expenses relative
to corrective measures taken or to be taken and reasonable costs,
expenses and attorney fees incurred by the municipality in and related
to enforcement and collection proceedings.
[Added 12-2-2020 by Ord. No. 733]
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 municipality or designee and the expense thereof shall be charged to the violator pursuant to § 164-60 below.
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 municipality from pursuing any and all other remedies available
in law or equity.
D.
It shall be unlawful to alter any BMPs, facilities or structures
that were installed under this chapter without written approval of
the municipality.
[Added 12-2-2020 by Ord. No. 733]
A.
Any building permit or land development approval issued
by the municipality may be suspended or revoked by the governing body
for:
(1)
Noncompliance with or failure to implement any provision
of the permit.
(2)
A violation of any provision of this chapter.
(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 or property
of others.
B.
A suspended permit shall be reinstated by the governing
body when:
C.
A permit which has been revoked by the governing body,
cannot be reinstated. The applicant may apply for a new permit under
the procedures outlined in this chapter.
[Amended 1-20-2016 by Ord. No. 673; 12-2-2020 by Ord. No. 733]
A.
Any person violating the provisions of this chapter shall be guilty
of a summary offense and upon conviction before a District Judge,
shall be subject to a fine of not less than $100 nor more than $1,000
for each violation, plus costs, together with reasonable attorney
fees; and, in default or failure of full and timely payment of such
fine, costs and fees, to a term of imprisonment not to exceed 90 days
or to a term of imprisonment to the extent permitted by law for the
punishment of violations of summary offenses, whichever is less. Each
day that a violation of this chapter continues or each section of
this chapter which shall be found to have been violated shall constitute
a separate offense. No judgment shall commence or be imposed, levied
or be payable until the date of the determination of a violation by
the magisterial district judge. Each day that the violation continues
shall be a separate offense.
[Amended 1-20-2016 by Ord. No. 673; 12-2-2020 by Ord. No. 733]
B.
If the defendant neither pays nor timely appeals the judgment, the
municipality may enforce the judgment pursuant to applicable rules
of civil procedure.
[Amended 12-2-2020 by Ord. No. 733]
C.
Each day that a violation continues shall constitute a separate violation
unless the magisterial district judge further determines that there
was a good faith basis for the person violating this chapter to have
believed that there was no such violation. In such case there shall
be deemed to have been only one such violation until the fifth-day
following the date of the district justice's determination of
the violation; thereafter each day that a violation continues shall
constitute a separate violation.
[Added 12-2-2020 by Ord.
No. 733]
D.
All judgments, costs and reasonable attorney fees collected for the
violation of this chapter shall be paid over to the municipality.
[Added 12-2-2020 by Ord.
No. 733]
E.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
[Added 12-2-2020 by Ord.
No. 733]
F.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity, other than the municipality, the
right to commence any action for enforcement pursuant to this section.
[Added 12-2-2020 by Ord.
No. 733]
G.
Each day that a violation of any provision of this chapter continues
shall constitute a separate violation and be deemed a public nuisance.
[Added 12-2-2020 by Ord.
No. 733]
H.
In addition, the municipality, 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.
[Added 12-2-2020 by Ord.
No. 733]
A.
All land disturbance permits shall expire 24 months
from the date of issuance unless construction is commenced prior to
this date.
B.
A renewal of an expired land disturbance permit may
be issued by the municipality following a resubmittal of the permit
application form, and its approval by the Municipal Engineer.
C.
The refusal of the municipality to reissue an expired
land disturbance permit shall contain the reasons for such refusal.
A.
Any person aggrieved by any action of the municipality
or its designee, relevant to the provisions of this chapter may appeal
to the municipal Zoning Hearing Board within 30 days of that action.
B.
Any person aggrieved by any decision of Zoning Hearing
Board, relevant to the provisions of this chapter, may appeal to the
County Court of Common Pleas in the county where the activity has
taken place within 30 days of the Zoning Hearing Board’s decision.
[Added 12-2-2020 by Ord. No. 733
A.
In addition
to other remedies, the municipality may institute and maintain appropriate
actions by law or in equity to restrain, correct or abate a violation,
to prevent unlawful construction, to recover damages and to prevent
illegal occupancy of a building or premises.
B.
In accordance
with the Municipalities Planning Code, 53 P.S. § 10101 et seq.,
the municipality may refuse to issue any permit or grant approval
to further improve or develop any property which has been developed
in violation of this chapter.
