Any activity conducted in violation of this chapter or contrary to an approved SWM site plan and report is declared a public nuisance as defined in Chapter
88 of the Code of Washington Township.
In addition to a developer or other person engaging in regulated
activities, the owner of lands on which regulated activities are undertaken
or planned shall be responsible for compliance with the provisions
of this chapter.
In the event the violation is not corrected, the municipality shall have the authority to pursue any of the remedies set forth in §
112-38 through §
112-41 below.
The municipality may institute a proceeding in the Magisterial
District Court against any person who has violated the provisions
of this Stormwater Management Ordinance. Upon being found liable therefor
in a civil enforcement proceeding, the defendant shall pay a judgment
of not more than $500 plus all court costs, including the reasonable
attorney fees incurred by the municipality 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 District Magistrate.
If the defendant neither pays nor timely appeals the judgment, the
municipality 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 District Magistrate determining that
there has been a violation further determines that there was a good
faith basis for the person, partnership or corporation violating the
ordinance to have believed that there was no such 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 District Magistrate and thereafter each day that a violation
continues shall constitute a separate violation.