[Amended 8-17-2022 by Ord. No. 10-2022]
This chapter will be enforced by the City Engineer, City Property
Maintenance Code Enforcement Officer, and/or City Building Code Official
as directed by the City Administrator. Upon presentation of proper
credentials, the city or its designated agent may enter at reasonable
times upon any property within the City to inspect the condition of
the stormwater structures and facilities in regard to any aspect regulated
by this chapter.
[Amended 8-17-2022 by Ord. No. 10-2022]
A.
The landowner or the owner's designee (including the City for dedicated
and owned facilities) shall inspect SWM BMPs, facilities and/or structures
installed under this chapter according to the following frequencies,
at a minimum, to ensure the BMPs, facilities and/or structures continue
to function as intended:
B.
Inspections should be conducted during or immediately following precipitation
events. A written inspection report shall be created to document each
inspection. The inspection report shall contain the date and time
of the inspection, the individual(s) who completed the inspection,
the location of the BMP, facility or structure inspected, observations
on performance, and recommendations for improving performance, if
applicable. Inspection reports shall be submitted to the City within
30 days following completion of the inspection.
A.
Violations of this chapter shall result in the issuance of a nontraffic
citation issued by the City Code Enforcement Officer as directed by
the City Administrator. Upon conviction, a fine for each violation
of not less than $500 nor more than $1,000 shall be imposed, plus
all City-incurred court costs and legal fees. Each day that the violation
continues shall be a separate offense and penalties shall be cumulative.
[Amended 8-17-2022 by Ord. No. 10-2022]
B.
In addition, the City 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.
[Amended 8-17-2022 by Ord. No. 10-2022]
A.
Any person
aggrieved by any action of the City or its designee, relevant to the
provisions of this chapter, may file a written appeal with the City
of Pittston Joint Code Appeals Board within 20 days. The board will
conduct a hearing and render a written decision within 30 days of
receipt of said appeal.
B.
Appeals
of the decisions of the Pittston City Joint Code Appeals Board may
be appealed to the Luzerne County Court of Common Pleas within 30
days of the decision of the Code Appeals Board.
[Added 8-17-2022 by Ord. No. 10-2022]
A.
Any approval or permit issued by the City pursuant to this chapter
may be suspended or revoked for:
(1)
Noncompliance with or failure to implement any provision of
the approved SWM site plan or operations 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, nuisance,
pollution, or 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.
(3)
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.
C.
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.
