Whenever the municipality finds that a person has violated a prohibition
or failed to meet a requirement of this Part, the municipality may
order compliance by written notice to the responsible person. Such
notice may require, without limitation:
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of these violations(s).
Said notice may further advise that, if applicable, should the violator
fail to take the required action within the established deadline,
the work will be done by the municipality or designee, and the expense
thereof shall be charged to the violator and collected with a penalty
of 10%, together with the maximum interest allowed by law for the
collection of municipal claims, either by filing a lien or by an action
at law or any other authorized action.
Failure to comply within the time specified shall also subject such
person to the penalty provisions of this Part. 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.
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.
The Municipal Engineer or designee has inspected and approved the
corrections to the stormwater BMPs or the elimination of the hazard
or nuisance; and/or
A permit or approval which has been revoked by the municipality cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this Part.
Any person violating the provisions of this Part shall be guilty
of a misdemeanor and, upon conviction, shall be subject to a fine
of not more than $500 for each violation, recoverable with costs,
or imprisonment of not more than 10 days, or both. Each day that the
violation continues shall be a separate offense.
In addition, the municipality, 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, including recovery
of all costs incurred by the municipality to enforce this Part, including
attorneys' fees.
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, including attorneys'
fees.
Any person aggrieved by any action of the municipality or its
designee, relevant to the provisions of this Part, may appeal to the
relevant judicial or administrative body according to law, within
the time period allowed.