Borough of Denver, PA Article X Enforcement and Penalties

§ 161-111 Right-of-entry.

Upon presentation of proper credentials, duly authorized representatives of the Borough may enter at reasonable times upon any property within the Borough to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this chapter.

§ 161-112 Enforcement.

The Borough Council is hereby authorized and directed to enforce all of the provisions of this chapter.

A. Any permit or approval issued by the Borough pursuant to this chapter may be suspended by the Borough for:

(1) Noncompliance with or failure to implement any provision of the approved SWM site plan or O&M agreement.

(2) A violation of any provisions 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 construction or development that constitutes or creates a hazard, nuisance, pollution or endangers the life or property of others.

B. A suspended permit may be reinstated by the Borough when:

(1) The Borough has inspected and approved the corrections to the violation that caused the suspension;

(2) The Borough is satisfied that the violation has been corrected.

§ 161-113 Violations, penalties and remedies.

A. It shall be a violation of this chapter to commit or permit any other person to commit any of the following acts:

(1) To commence regulated activities prior to obtaining unconditional approval of an SWM site plan or in violation of the terms or conditions of an SWM site plan approved under this chapter.

(2) To install, repair, modify or alter SWM facilities prior to obtaining approvals under this chapter or in a manner which violates the terms and conditions of any approval issued under this chapter.

(3) To misuse or fail to maintain any SWM facility installed upon a property.

(4) To construct any improvements upon, grade, fill or take any other action which will impair the proper functioning of any SWM facility.

(5) To place false information on or omit relevant information from an application for approval under this chapter.

(6) To fail to comply with any other provisions of this chapter.

B. For each violation of the provisions of this chapter, the owner, agent, lessee, contractor or any other person who commits, takes part in, or assists in any such violation shall be liable upon conviction thereof in a summary proceeding to pay a fine of not less than $200 nor more than $1,000 for each offense, together with the costs of prosecution. In accordance with § 3321(6) of the Borough Code, any person found guilty of violating this chapter may be assessed reasonable attorneys' fees incurred by the Borough in the enforcement proceeding. Each day or portion thereof in which a violation exists shall be considered a separate violation of this chapter, and each section of this chapter which is violated shall be considered a separate violation.

C. The Borough may also institute suits to restrain, prevent, or abate a violation of this chapter in equity or at law. Such proceedings in equity or at law may be initiated before any court of competent jurisdiction. In cases of emergency where, in the opinion of the court, the circumstances of the case require immediate abatement of the unlawful conduct, the court may, in its decree, fix a reasonable time during which the person responsible for the unlawful conduct shall correct or abate the same. The expense of such proceedings shall be recoverable from the violator in such manner as may now or hereafter be provided by law. In accordance with § 3321(6) of the Borough Code, any person found guilty of violating this chapter may be assessed reasonable attorneys' fees incurred by the Borough in the enforcement proceeding.

D. Borough Council may also take actions relating to suspension or revocation of permits set forth in § 161-112.

E. Borough Council may, by resolution, appoint a code enforcement officer to enforce this chapter and may authorize such code enforcement officer to institute summary criminal proceedings without prior action by Borough Council.

§ 161-114 Appeals.

A. Any person aggrieved by any action of the Borough may appeal to the Borough Council within 30 days of that action. Any such appeal shall be governed by the procedures of Article V of the Local Agency Law, 2 Pa.C.S.A. § 501 et seq.

B. Any person aggrieved by any decision of the Borough Council may appeal to the Lancaster County Court of Common Pleas, in accordance with Article VII of Local Agency Law, 2 Pa.C.S.A. § 701 et seq. the Local Agency Law, within 30 days of that decision.

§ 161-115 Modification of ordinance provisions.

A. The provisions of this chapter not relating to water quality are intended as minimum standards for the protection of the public health, safety, and welfare. The Borough reserves the right to modify or to extend them conditionally in individual cases as may be necessary in the public interest; provided, however, that such variation shall not have the effect of nullifying the intent and purpose of this chapter, and that the applicant shows that to the satisfaction of the Borough that the applicable regulation is unreasonable, or will cause undue hardship, or that an alternative proposal will allow for equal or better results. The list of such modifications, along with an explanation of and justification for each modification, shall be included on the SWM site plan. This section does not apply during an enforcement action.

B. In granting waivers/modifications for provisions of this chapter not relating to water quality, the Borough may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.

§ 161-116 When effective.

This chapter shall become effective as provided by the laws of the Commonwealth of Pennsylvania.