[Ord. 2010-3, 12/16/2010, § 1]
1. 
In the event that a person fails to comply with the requirements of this Part, an approved SWM site plan, or fails to conform to the requirements of any permit or approval issued hereunder, Hummelstown Borough 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).
2. 
Failure to comply within the time specified shall subject such person to the penalties provisions of this Part. All such penalties shall be deemed cumulative and shall not prevent Hummelstown Borough 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.
[Ord. 2010-3, 12/16/2010, § 1]
1. 
Hummelstown Borough hereby authorized and directed to enforce all of the provisions of this Part. The approved SWM site plan shall be on file at the project site throughout the duration of the construction activity. Hummelstown Borough or their designee may make periodic inspections during construction.
2. 
Inspections regarding compliance with the SWM are a responsibility of the municipality.
[Added by Ord. No. 2022-4,[1] 10/13/2022]
[1]
Editor's Note: This ordinance also renumbered former Subsection 2 as Subsection 3.
3. 
Adherence to Approved SWM Site Plan.
A. 
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.
B. 
It shall be unlawful to alter or remove any control structure required by the SWM site plan pursuant to this Part.
C. 
It shall be unlawful to allow a property to remain in a condition that does not conform to an approved SWM site plan.
[Ord. 2010-3, 12/16/2010, § 1]
1. 
A violation of any provision of this Part is hereby deemed a public nuisance.
2. 
Each day that a violation continues shall constitute a separate violation.
[Ord. 2010-3, 12/16/2010, § 1]
1. 
Any approval or permit issued by Hummelstown Borough may be suspended or revoked for:
A. 
Non-compliance with or failure to implement any provision of the approved SWM site plan or operation and maintenance (O&M) agreement.
B. 
A violation of any provision of this Part or any other applicable law, ordinance, rule or regulation relating to the regulated activity.
C. 
The creation of any condition or the commission of any act, during the regulated activity which constitutes or creates a hazard or nuisance, pollution, or which endangers the life or property of others.
2. 
A suspended approval or permit may be reinstated by Hummelstown Borough when:
A. 
Hummelstown Borough or their designee has inspected and approved the corrections to the violation(s) that caused the suspension.
B. 
Hummelstown Borough is satisfied that the violation(s) has been corrected.
3. 
An approval that has been revoked by Hummelstown Borough cannot be reinstated. The applicant may apply for a new approval under the provisions of this Part.
4. 
If a violation causes no immediate danger to life, public health, or property, at its sole discretion, Hummelstown Borough may provide a limited time period for the owner to correct the violation. In these cases, Hummelstown Borough will provide the owner, or the owner's designee, with a written notice of the violation and the time period allowed for the owner to correct the violation. If the owner does not correct the violation within the allowed time period, Hummelstown Borough may revoke or suspend any for all applicable approvals and permits pertaining to any provision of this Part.
[Added by Ord. No. 2022-4, 10/13/2022]
[Ord. 2010-3, 12/16/2010, § 1]
1. 
Anyone violating the provisions of this Part shall be guilty of a summary offense and upon conviction, shall be subject to a fine of not more than $500 for each violation, recoverable with costs. Each day that the violation continues shall be a separate offense and penalties shall be cumulative.
2. 
In addition, Hummelstown Borough, 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. 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.
[Ord. 2010-3, 12/16/2010, § 1]
1. 
Any person aggrieved by any action of Hummelstown Borough or its designee, relevant to the provisions of this Part, may appeal to Hummelstown Borough within 30 days of that action.
2. 
Any person aggrieved by any decision of Hummelstown Borough, relevant to the provisions of this Part, may appeal to the Dauphin County Court of Common Pleas within 30 days of Hummelstown Borough's decision.