[Ord. 2015-04, 10/13/2015]
1. Whenever the floodplain administrator or other authorized municipal
representative determines that there are reasonable grounds to believe
that there has been a violation of any provisions of this chapter,
or of any regulations adopted pursuant thereto, the floodplain administrator
shall give notice of such alleged violation as hereinafter provided.
Such notice shall:
B. Include a statement of the reasons for its issuance;
C. Allow a reasonable time, not to exceed a period of 30 days, for the
performance of any act it requires;
D. Be served upon the property owner or his agent, as the case may require;
provided, however, that such notice or order shall be deemed to have
been properly served upon such owner or agent when a copy thereof
has been served with such notice by any other method authorized or
required by the laws of this state;
E. Contain an outline of remedial actions which, if taken, will effect
compliance with the provisions of this chapter.
[Ord. 2015-04, 10/13/2015]
Any person who fails to comply with any or all of the requirements
or provisions of this chapter or who fails or refuses to comply with
any notice, order or direction of the floodplain administrator or
any other authorized employee of the municipality shall be guilty
of a summary offense and, upon conviction, shall pay a fine to Manchester
Township of not less than $25 nor more than $1,000, plus costs of
prosecution. In addition to the above penalties, all other actions
are hereby reserved, including an action in equity for the proper
enforcement of this chapter. The imposition of a fine or penalty for
any violation of, or noncompliance with, this chapter shall not excuse
the violation or noncompliance or permit it to continue. All such
persons shall be required to correct or remedy such violations and
noncompliance within a reasonable time. Any development initiated
or any structure or building constructed, reconstructed, enlarged,
altered, or relocated in noncompliance with this chapter may be declared
by the Board of Supervisors to be a public nuisance and abatable as
such.
[Ord. 2015-04, 10/13/2015]
1. Any person aggrieved by any action or decision of the floodplain
administrator concerning the administration of the provisions of this
chapter may appeal to the Zoning Hearing Board. Such appeal must be
filed, in writing, within 30 days after the decision, determination
or action of the floodplain administrator.
2. Upon receipt of such appeal, the Zoning Hearing Board shall consider
the appeal in accordance with the Municipalities Planning Code and
any other local ordinance.
3. Any person aggrieved by any decision of the Zoning Hearing Board
may seek relief therefrom by appeal to court, as provided by the laws
of this state, including the Pennsylvania Flood Plain Management Act.