Borough of Phoenixville, PA
Chester County
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Table of Contents
Table of Contents

§ 23-901 Public Nuisance.

[Ord. 2239, 9/9/2014]
1. 
Any regulated activity conducted in violation of any provision of this chapter is hereby deemed a public nuisance.
2. 
Each day that a violation continues shall constitute a separate violation.
3. 
A separate violation will be found to exist for each section of this chapter found to have been violated.
4. 
To the extent that the municipality does not enforce any provision of this chapter, such action or inaction shall not constitute a waiver by the municipality of its rights of future enforcement hereunder.

§ 23-902 Right of Entry.

[Ord. 2239, 9/9/2014]
1. 
Upon presentation of proper credentials, duly authorized officers or agents of the municipality may enter at reasonable times upon any property within the municipality to inspect the implementation, condition, or operation and maintenance of all erosion and sediment controls and permanent stormwater BMPs, conveyances, or other stormwater facilities both during and after completion of a regulated activity, or for compliance with any requirement of this chapter.
2. 
Persons working on behalf of the municipality shall have the right to temporarily locate on or in any BMP, conveyance or other stormwater facility in the municipality such devices as are necessary to conduct monitoring and/or sampling of the discharges from such BMP or conveyance, or other stormwater facilities.
3. 
Failure of the landowner or representative to grant access to the municipality within 24 hours of notification, verbal or written, is a violation of this chapter.

§ 23-903 Enforcement.

[Ord. 2239, 9/9/2014]
1. 
The Municipal Engineer or other designee is hereby authorized and directed to enforce all of the provisions of this chapter. The municipal governing body may delegate enforcement duties, including the initial determination of ordinance violation and service of notice, if notice is given, to such other officers or agents as the municipality shall deem qualified for that purpose.
2. 
It shall be the responsibility of the landowner of the real property on which any regulated activity is proposed to occur, is occurring, or has occurred to comply with the applicable terms and conditions of this chapter.
3. 
All municipal inspections for compliance with the approved SWM site plan shall be the responsibility of the municipality or its designee.
4. 
During any stage of the work of any regulated activity, if the Municipal Engineer or other designee determines that the erosion and sediment control measures, permanent BMPs, conveyances or other stormwater facilities are not being installed or maintained in accordance with the approved SWM site plan, the municipality may suspend or revoke any existing permits or other approvals until the deficiencies are corrected or until a revised SWM site plan is submitted and approved, if and as determined to be necessary by the Municipal Engineer or other designee.
5. 
In the event that the Municipal Engineer or other designee finds that a person has violated a provision of this chapter, or fails to conform to the requirements of any permit or approval issued by the municipality, or any O&M plan or O&M agreement approved by the municipality, the municipality may order compliance by written notice of the violation to the landowner.
6. 
Such notice may, without limitation, require the following remedies:
A. 
Performance of monitoring, analyses, and reporting;
B. 
Elimination of prohibited connections or discharges;
C. 
Cessation of any violating discharges, practices, or operations;
D. 
Abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
E. 
Payment of a fine to cover administrative and remediation costs and/or forfeiture of financial security;
F. 
Implementation of stormwater controls, BMPs, and conveyances; and
G. 
Operation, maintenance or repair of BMPs, conveyances or other stormwater facilities.
7. 
Such notice shall set forth the nature of the violation(s), citing specific sections of this chapter which have not been met, and establish a time limit for commencement of correction and completion of correction of the violation(s). The notice shall provide for a right of the landowner's appeal to the municipal governing body in accordance with § 23-906 of this chapter. Said notice shall further advise that, if applicable, should the violator fail to take the required action within the established deadline, possible sanctions, clearly described, may be imposed, or the work may be done by the municipality or designee, and the expense thereof shall be charged to the violator.
8. 
Failure to comply within the time specified in such notice shall also subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent the municipality from pursuing any and all other remedies available in law or equity.

§ 23-904 Suspension and Revocation of Permits and Approvals.

[Ord. 2239, 9/9/2014]
1. 
Any building, land development, or other permit or approval issued by the municipality may be suspended or revoked by the municipality for:
A. 
Noncompliance with or failure to implement any provision of the permit or approved SWM site plan or O&M agreement;
B. 
A violation of any provision of this chapter or any other law or regulation applicable to the regulated activity;
C. 
The creation of any condition or the commission of any act during the regulated activity that constitutes or creates a hazard or nuisance, or endangers the life, health, safety, or property of others; or
D. 
Failure to correct a violation within the allowed time period allowed per notice given by the municipality.
2. 
Prior to revocation or suspension of a permit, unless there is immediate danger or threat of such danger to life, public health or property, at the request of the applicant, the municipality's governing body shall schedule a hearing on the violation and proposed revocation or suspension, pursuant to public notice. The expense of a hearing shall be the applicant's responsibility.
3. 
A suspended permit or approval may be reinstated by the municipality when:
A. 
The Municipal Engineer or other designee has inspected and approved the corrections to the BMPs, conveyances or other stormwater facilities, or the elimination of the hazard or nuisance; and
B. 
The municipality is satisfied that the violation has been corrected.
4. 
A permit or approval that has been revoked by the municipality cannot be reinstated. The applicant may apply for a new permit or approval in accordance with this chapter.

§ 23-905 Violations and Penalties.

[Ord. 2239, 9/9/2014]
1. 
Any person violating or permitting the violation of the provisions of this chapter shall be subject to a fine of not more than $600 for each violation, recoverable with costs. The establishment of a violation for purposes of setting fines or penalties for such violation shall be in accordance with a citation to a Magisterial District Judge with jurisdiction and venue over the location of the violation, and such an action will be subject to the procedures provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. A separate offense shall arise for each day or portion thereof a violation is found to exist and may be determined for each section of this chapter which is found to have been violated.
2. 
In addition, the municipality may, through its Solicitor, 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 legal or equitable forms of remedy or relief. Such relief may include costs, fees, and charges, including the municipality's attorneys' fees (charged at the hourly rate approved by the governing body of the municipality) and costs, as may be permitted by law.
3. 
Notwithstanding any other provision of this chapter, the municipality shall have the right at any or all times deemed necessary by the Municipal Engineer or designee to enter upon any property within the municipality to inspect and, upon determination of a violation of this chapter, to correct the violation, with all expenses associated with correcting the violation to be charged to the property owner responsible for the violation.

§ 23-906 Appeals.

[Ord. 2239, 9/9/2014]
1. 
Any person aggrieved by any action of the Municipal Engineer or other designee relative to the provisions of this chapter may appeal to the municipality's governing body within 30 days of that action.
2. 
Any person aggrieved by any decision of the municipality's governing body relative to the provisions of this chapter may appeal to the County Court of Common Pleas in the county where the activity has taken place within 30 days of the municipality's decision.