[Ord. 222, 4/7/2014]
1. 
Any discharge conducted in the 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.
[Ord. 222, 4/7/2014]
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 chapter 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 prohibited discharge is proposed to occur, is occurring, or has occurred to comply with the applicable terms and conditions of this chapter.
3. 
In the event that the Municipal Engineer or other designee finds that a person has violated a provision of this chapter, the municipality may order compliance by written notice of the violation to the landowner.
4. 
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;
5. 
Such notice shall set forth the nature of the violation(s), citing to 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). 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.
6. 
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.
[Ord. 222, 4/7/2014]
1. 
Any building, land development or other permit(s) or approval(s) issued by the municipality may be suspended or revoked by the municipality for:
A. 
A violation of any provision of this chapter; or
B. 
The creation of any condition or the commission of any act during construction or development which constitutes or creates a hazard or nuisance, pollution or which endangers the life or property of others.
2. 
A suspended permit or approval shall be reinstated by the municipality when:
A. 
The municipal engineer or his or her designee has inspected and approved the corrections or elimination of the hazard or nuisance; and/or
B. 
The municipality is satisfied that the violation of this chapter, law, or rule and regulation has been corrected.
[Ord. 222, 4/7/2014]
1. 
Any person violating or permitting the violation of the provisions of this chapter shall be subject to a fine of not more than $1,000 for each violation, recoverable with costs, plus the municipality's attorney's fees. 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 attorney's 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.
[Ord. 222, 4/7/2014]
Any person aggrieved by any action of the municipality, under this chapter, may appeal to the Chester County Court of Common Pleas pursuant to the Local Agency Law, within the time period allowed by law.
[Ord. 222, 4/7/2014]
Authorized representatives of the municipality may enter at reasonable times any property within the municipality to inspect any drain, conveyance, discharge or stormwater facility under this chapter, consistent with federal and state laws.