A.
In the event that a person fails to comply with the requirements
of this chapter, an approved SWM site plan, or fails to conform to
the requirements of any permit or approval issued hereunder, the municipality
shall provide written notification of the violation. Such notification
shall set forth the nature of the violation(s) and establish a time
limit for correction of these violation(s).
B.
Failure to comply within the time specified shall subject such person
to the penalties 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.
A.
The municipal governing body is hereby authorized and directed to
enforce all of the provisions of this chapter. The approved SWM site
plan shall be on file at the project site throughout the duration
of the construction activity. The municipality or its designee may
make periodic inspections during construction.
B.
Adherence to approved SWM site plan.
(1)
It shall be unlawful for any person, firm or corporation to undertake
any regulated activity on any property except as provided for by an
approved SWM site plan and pursuant to the requirements of this chapter.
(2)
It shall be unlawful to alter or remove any control structure required
by the SWM site plan pursuant to this chapter.
(3)
It shall be unlawful to allow a property to remain in a condition
that does not conform to an approved SWM site plan.
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 (O&M) 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.
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An approval that has been revoked by the municipality cannot be reinstated.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.
A.
Any person who fails to comply with any or all of the requirements
or provisions of this chapter or who fails or refuses to comply with
any notice, order or direction of the Codes Officer or any other authorized
employee of the municipality shall be guilty of a summary offense
and, upon conviction by a Magisterial District Judge, shall pay a
fine to the Borough of Lewistown of not less than $100 nor more than
$1,000 plus costs of prosecution. In default of such payment, such
person shall be imprisoned in county prison for a period not to exceed
10 days. Each day during which any violation of this chapter continues
shall constitute a separate offense.
B.
In addition to the above penalties, all other actions are hereby
reserved, including an action in equity for the proper enforcement
of this chapter. The imposition of a fine or penalty for any violation
of, or noncompliance with, this chapter shall not excuse the violation
or noncompliance or permit it to continue, and all such persons shall
be required to correct or remedy such violations and noncompliances
within a reasonable time.
C.
Any regulated activity initiated in noncompliance with this chapter
may be declared by Borough Council to be a public nuisance and abatable
as such.
D.
In addition, 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.
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 by filing an appeal application.
(1)
Appeals shall be heard by the Borough Council of the Borough of Lewistown.
(2)
Appeals shall be held in accordance with the provisions of the Pennsylvania
Local Agency Law, 2 Pa.C.S.A. §§ 551 et seq. and 751 et
seq. , as it may be amended and supplemented from time to time.
(3)
Appeal applications shall be in writing and shall set forth, at a
minimum, the following information:
(a)
The appellant's name, address and telephone number;
(b)
If the appellant is represented by an attorney, the name, address
and telephone number of the representative; and
(c)
A brief, concise, detailed statement in separate numbered paragraphs
setting forth the facts related to the appeal and the reasons that
support the request for relief.
(4)
The appeal application must be filed at the office of the Borough
Secretary/Manager located in the Municipal Building, 2 East Third
Street, Lewistown, Pennsylvania, 17044
(5)
The appeal application shall be considered filed as of the date it
is stamped as received at the office of the Borough Secretary/Manager
or, if mailed and postmarked by the United States Postal Service (NOTE:
postal machine postmarks shall not be acceptable), as of the date
of mailing.
(6)
If an appeal application fails to include the minimum information
set forth above, the Borough of Lewistown, or a person duly authorized
by the Borough of Lewistown, may request, in writing, that the appellant
submit the omitted information. Otherwise, on the failure of the appellant
to submit the omitted information, the hearing shall be held based
on the information in the appeal application.
(7)
The fee for an appeal under this section shall be established by
resolution of the Borough Council of the Borough of Lewistown, from
time to time, and shall not exceed the actual costs of the public
notice of the hearing, the appearance fee of the court reporter and
administrative fees, as necessary. The fee schedule may be reviewed
from time to time to determine reasonable rates for appeals, for hearing
costs and otherwise revised accordingly.
(8)
Notice of a hearing shall be required to be published once in a newspaper
of general circulation in Mifflin County, Pennsylvania, and copy of
the notice shall be posted at the location where the hearing is to
be held. Notice shall be published and posted at least seven full
days prior to the day of the hearing.
(9)
Written notice of a hearing shall be given to the appellant and to
legal counsel, if such is listed in the appeal application, at least
15 days prior to the date of the hearing, unless waived, in writing,
by the appellant.
(10)
The Borough Council of the Borough of Lewistown may grant a
reasonable request for a continuance of a scheduled hearing. The request
shall be made in writing and shall be signed by the appellant or appellant's
previously authorized legal counsel and shall set forth the reasons
for the request. The request shall be received by the Borough Council
of the Borough of Lewistown at least three days prior to any scheduled
hearing.
(11)
In hearing an appeal under this section, the Borough Council
of the Borough of Lewistown shall not be bound by technical rules
of evidence. It will receive evidence, including production of books,
records, documents and other data, that may be relevant and of reasonably
probative value to the appeal. Formal rules of evidence do not apply.
Reasonable examination and cross-examination shall be permitted. However,
the presiding officer may rule that irrelevant, immaterial or unduly
repetitious evidence is to be excluded, or that hearsay evidence which
cannot be contested or rebutted by another party is to be excluded.
The appellant shall have the burden of proof on all issues.
(12)
All testimony may be stenographically recorded, and a full and
complete record may be kept of the proceedings. In the event that
the Borough Council of the Borough of Lewistown does not cause all
testimony to be stenographically recorded and a full and complete
record made of the proceedings, such testimony may be stenographically
recorded and a full and complete record of the proceedings may be
kept at the request of any party agreeing to pay the costs thereof.
A copy of any transcript of proceedings shall be made available to
the party not initially requesting the transcription of the hearing
upon the payment for the cost of such copy by the party who did not
initially request a transcription or a recording of the hearing.
(13)
The Borough Council of the Borough of Lewistown shall issue
a written decision, containing findings of fact and conclusions of
law and the reasons for the decision, within 45 days of the date of
the last hearing. If a decision is not timely rendered, the appeal
and the request therein will be deemed to be approved. The final decision
will be served personally or mailed to all parties or to their legal
counsel, as applicable and if any, within three business days of the
date of the decision.
B.
An appeal from the decision of the Borough Council of the Borough
of Lewistown to the Court of Common Pleas of Mifflin County must be
commenced within 30 days after the date of entry of the written decision
of the Council, per 42 Pa.C.S.A. § 933 and per 42 Pa.C.S.A.
§ 5571(b).
