Editor's Note: This ordinance also repealed former Part 9 (Chs. 9-901 through 9-915), Spring Creek and Paxton Creek Watershed Stormwater Management Plan, adopted 11-12-2006 by Ord. No. 17-2006, as amended.
In the event that a person fails to comply with the requirements
of this Part 9 or an approved SWM site plan, or fails to conform to
the requirements of any permit or approval issued hereunder, the City
of Harrisburg shall provide written notification, via certified mail,
of the violation to the landowner indicated on the O&M agreement.
Such notification shall set forth the nature of the violation(s) and
establish a time limit for correction of these violation(s).
Failure to comply within the time specified shall subject such person
to the penalties provisions of this Part 9. All such penalties shall
be deemed cumulative and shall not prevent the City of Harrisburg
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 Part 9.
The City of Harrisburg Department of Public Works and the City Engineer
are hereby authorized and directed to enforce all of the provisions
of this Part 9. The approved SWM site plan shall be on file at the
project site throughout the duration of the construction activity.
The city of Harrisburg or its designee may make periodic inspections
during construction.
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 Part 9.
The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard or nuisance,
or pollution, or which endangers the life or property of others.
An approval that has been revoked by the City of Harrisburg cannot
be reinstated. The applicant may apply for a new approval under the
provisions of this Part 9.
Anyone violating the provisions of this Part 9 shall be guilty of
a summary offense and, upon conviction, shall be subject to a fine
of not more than $1,000 for each violation, recoverable with costs.
Each day that the violation continues shall be a separate offense
and penalties shall be cumulative.
In addition, the City of Harrisburg, through its Solicitor, may institute
injunctive, mandamus, or any other appropriate action or proceeding
at law or in equity for the enforcement of this Part 9. 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.
Any person aggrieved by any action of the City of Harrisburg, or
its designee, relevant to the provisions of this Part 9 may appeal
to the City of Harrisburg within 30 days of that action.
Any person aggrieved by any decision of the City of Harrisburg relevant
to the provisions of this Part 9 may appeal to the Dauphin County
Court of Common Pleas within 30 days of the City of Harrisburg's decision.