Upon presentation of proper credentials, the municipality, and/or its agents, may enter at reasonable times upon any property within the municipality to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this chapter. Should a landowner refuse to permit such access, the municipality may seek a court order, upon a showing of a reasonable basis to enter upon the premises and denial of entry by the landowner. The cost for obtaining same, including attorney's fees, shall be assessed against the landowner.
SWM BMPs should be inspected by the landowner, or the landowner's designee (including the municipality for dedicated and owned facilities) according to the following list of minimum frequencies:
A. 
Annually for the first five years.
B. 
Once every three years thereafter.
C. 
During or immediately after the cessation of a ten-year or greater storm.
A. 
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted in § 253-9.
B. 
It shall be unlawful to violate § 253-24 of this chapter.
C. 
Inspections regarding compliance with the SWM site plan are a responsibility of the municipality.
A. 
Any approval or permit issued by the municipality may be suspended or revoked for:
(1) 
Noncompliance with or failure to implement any provision of the approved SWM site plan or operation and maintenance agreement.
(2) 
A violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the regulated activity.
(3) 
The creation of any condition or the commission of any act during the regulated activity which constitutes or creates a hazard or nuisance, pollution, or which endangers the life or property of others.
B. 
A suspended approval may be reinstated by the municipality when:
(1) 
The municipality has inspected and approved the corrections to the violations that caused the suspension.
(2) 
The municipality is satisfied that the violation has been corrected.
C. 
An approval that has been revoked by the municipality cannot be reinstated. The applicant may apply for a new approval under the provisions of this chapter.
D. 
If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the municipality may provide a limited time period for the owner to correct the violation. In these cases, the municipality will provide the owner, or the owner's designee, with a written notice of the violation and the time period allowed for the owner to correct the violation. If the owner does not correct the violation within the allowed time period, the municipality may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.
A. 
Anyone violating the provisions of this chapter may be assessed a civil penalty of not more than $1,000 for each violation, recoverable with costs and any attorney's fees incurred by the municipality in enforcing this chapter and, in default of payment of such fine and costs, by imprisonment for not more than 30 days. Each day that the violation continues constitutes a separate violation, and penalties shall be cumulative.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In addition, the municipality, 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.
A. 
Any person aggrieved by any action of the municipality or its designee, relevant to the provisions of this chapter, may appeal to the municipality within 30 days of that action.
B. 
Any person aggrieved by any decision of the municipality, 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 municipality's decision.