Upon presentation of proper credentials, duly authorized representatives of the municipality 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.
A. 
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 municipality shall provide written notification of the violation. The notice will direct the responsible party to comply with all the terms of this chapter within seven days or such additional period, not to exceed 30 days, as the designated municipal representative shall deem reasonable. A time extension may be granted if, in the opinion of the Municipal Engineer or municipality, the owner has established an acceptable timetable for compliance. In addition, the designated municipal representative shall give notice to the owner, applicant, developer, property manager or other person responsible for the property or the violation that, if the violation is not corrected, the municipality may correct the same and charge the landowner or other person responsible the cost thereof plus penalties as specified herein for failure to comply.
B. 
Such notice may be delivered by the United States mail, first class, postage prepaid, or by certified or registered mail, or by personal service, or if the property is occupied, by posting the notice at a conspicuous place upon the affected property.
C. 
Such notification shall set forth 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 municipality from pursuing any and all other 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.
The municipal governing body is hereby authorized and directed to enforce all of the provisions of this chapter. All inspections regarding compliance with the stormwater management plan shall be the responsibility of the Municipal Engineer or other qualified persons designated by the municipality.
A. 
A set of design plans approved by the municipality shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made by the municipality or designee during construction.
B. 
Adherence to approved plan. It shall be unlawful for any person, firm or corporation to undertake any regulated activity under § 490-5 on any property except as provided for in the approved stormwater management plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the stormwater management plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved stormwater management 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 drawings.
D. 
After receipt of the certification by the municipality, a final inspection shall be conducted by the governing body or its designee to certify compliance with this chapter.
E. 
Occupancy permit. An occupancy permit shall not be issued until all stormwater issues have been addressed to the municipality's satisfaction. The occupancy permit shall be required for each lot owner and/or developer for all subdivisions and land development in the municipality.
A. 
Any person, partnership or corporation who or which has violated or permitted the violation of 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 $1,000 plus all court costs, including reasonable attorney's 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 Magisterial District Judge. If the defendant nether pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there is 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 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 Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation.
B. 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per-diem fine pending final adjudication of the violation and judgment.
C. 
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.
D. 
Magisterial District Judges shall have initial jurisdiction over proceedings brought under this section.
E. 
In the event that the owner, developer, occupant, applicant, property manager, or other person responsible fails to comply with the terms of this chapter within the time specified by the municipal representative, the municipality may take any actions necessary to remove the violation. The costs of removal of the violation shall be in addition to any penalties for violations for failure to comply.
F. 
In addition to any other enforcement powers or remedies provided by this chapter, 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.
G. 
The cost to the municipality for removal of any violation, as well as fines and penalties hereinabove mentioned, as assessed against the applicant, and the municipality's legal expenses incurred to achieve compliance may be entered by the municipality as a lien against such property or properties of individual members of a property owners' association in accordance with the existing provisions of the law.
A. 
Any person aggrieved by any action of the municipality, its Municipal Engineer, 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 the municipal Zoning Hearing Board relevant to the provisions of this chapter may appeal to the Court of Common Pleas of Centre County, Pennsylvania, within 30 days of the Zoning Hearing Board's decision.
C. 
Any person aggrieved by any decision of the municipality relevant to the review of the stormwater management facilities pursuant to the Bellefonte Borough Land Development and Subdivision Ordinance, Chapter 500 of this Code, shall have rights of appeal as provided by that ordinance.