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 require, without limitation:
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.
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.
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.
The Municipal Engineer or designee has inspected and
approved the corrections to the stormwater BMPs, or the elimination of the
hazard or nuisance; and/or
A permit or approval which has been revoked by the municipality
cannot be reinstated. The applicant may apply for a new permit under the procedures
outlined in this chapter.
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 $500 for each violation, recoverable with costs, or imprisonment
of not more than 30 days, or both. Each day that the violation continues shall
be a separate offense.
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.
Any person aggrieved by any action of the municipality or its designee,
relevant to the provisions of this chapter, may appeal to the relevant judicial
or administrative body according to law, within the time period allowed.