[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:
(1) 
Annually for the first five years.
(2) 
Once every three years thereafter.
(3) 
During or immediately after the cessation of a ten-year or greater storm.
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. 
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 § 419-10 of this chapter.
B. 
It shall be unlawful to violate § 419-25 of this chapter.
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.
[Added 2-15-2024 by Ord. No. 2-2024]
Notwithstanding any and all provisions of this chapter, refer to Pittston City Code Chapter 270, Floodplain Management, prior to the issuance of any construction or approvals under this chapter. As set forth in Pittston City Code Chapter 270, Floodplain Management, the stricter of the requirements under this chapter or Chapter 270 shall be applicable in all instances.