[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, 10/13/2022]
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.