[Amended 12-13-2016 by Ord. No. 770]
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.
[Amended 12-13-2016 by Ord. No. 770]
Borough Council is hereby authorized and directed to enforce
the provisions of this chapter.
A. Any permit or approval issued by the Borough pursuant to this chapter may be suspended or revoked by the Borough in accordance with §
310-35.
B. Borough Council and, when authorized by Borough Council, the Code Enforcement Officer, may take actions to enforce this chapter in accordance with §
310-36.
C. Notification of suspension or revocation of a stormwater management
permit. In the event of a suspension of a stormwater management permit,
the Borough shall provide written notification, by certified mail,
of the violation to the landowner at his last known address. Such
notification shall:
(1) Cite the specific violation, describe the requirements which have
not been met and cite the provisions of the chapter relied upon.
(2) Identify the specific protective measures to be taken.
(3) Assign a reasonable time period necessary for action or, in the case
of revocation, identify if the Borough has authorized protective measures
to be performed at the cost to the land owner.
(4) Identify the right of the landowner to request a hearing before the
Borough Council if aggrieved by the suspension.
D. The Code Enforcement Officer or Borough Council may provide notice
of other violations of this chapter prior to commencing an enforcement
action. Issuance of a notice of violation is not a prerequisite to
filing an enforcement action.
E. 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 §
310-12.
[Added 9-13-2022 by Ord.
No. 819]
F. It shall be unlawful to violate any section of this chapter.
[Added 9-13-2022 by Ord.
No. 819]
[Amended 12-13-2016 by Ord. No. 770]
Any person, partnership or corporation engaged in a regulated activity, as defined in §
310-10 of this chapter, shall implement the measures required by the stormwater management permit and this chapter. Any regulated activity conducted in violation of this chapter or the stormwater management permit is hereby declared a public nuisance.
[Amended 12-13-2016 by Ord. No. 770]
A. It shall be a violation of this chapter to commit or permit any other
person to commit any of the follow acts:
(1) To commence regulated activities:
(a)
Prior to obtaining unconditional approval of a SWM site plan;
or
(b)
In violation of the terms or conditions of a 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, or 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 Section 3321(6) of the Borough Code, any person found guilty of violating this chapter may
be assessed reasonable attorney's 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 Section 3321(6) of the Borough Code, any person found guilty of violating this chapter may
be assessed reasonable attorney's 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 §
310-35.
E. Borough Council may, by resolution, appoint a code enforcement officer
to enforce this chapter and may authorize such code officer to institute
summary criminal proceedings without prior action by Borough Council.