Township of Lower Macungie, PA Part 9 RIGHT OF ENTRY, NOTIFICATION AND ENFORCEMENT

§ 23B-901 Right of Entry.

[Ord. 2011-03, 2/3/2011, Art. 9; as amended by Ord. 2011-12, 10/6/2011]

1. Upon presentation of proper credentials and with the consent of the owner, duly authorized representatives of the Township may enter at reasonable times upon any property within the Township to inspect the implementation, condition or operation and maintenance of the stormwater BMPs or to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this Chapter 23B.

2. In the event that the owner refuses admission to the property, duly authorized representatives of the Township may seek an administrative search warrant issued by a magisterial district judge to gain access to the property.

§ 23B-902 Notification.

[Ord. 2011-03, 2/3/2011, Art. 9]

1. Whenever the Township finds that a person has violated a prohibition or failed to meet a requirement of this Chapter 23B, the Township may order compliance by written notice to the responsible person. Such notice may require without limitation:

A. The name of the owner of record and any other person against whom the Township intends to take action.

B. The location of the property in violation.

C. The requirement to monitor, analyze and report.

D. The elimination of prohibited connections or discharges.

E. The cessation of any violating discharges, practices or operations.

F. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property.

G. The payment of a fine to cover administrative and remediation costs.

H. The implementation of stormwater BMPs.

I. The operation and maintenance of stormwater BMPs.

2. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of the violation(s). Said notice may further advise that should the violator fail to take the required action within the established deadline, the work will be done by the Township or designee and the expense thereof, together with all related lien and enforcement fees, charges and expenses, shall be charged to the violator.

3. Failure to comply within the time specified shall also subject such person to the penalty provisions of this Chapter 23B. All such penalties shall be deemed cumulative and shall not prevent the Township from pursuing any and all other remedies available in law or equity.

§ 23B-903 Public Nuisance.

[Ord. 2011-03, 2/3/2011, Art. 9]

1. The violation of any provision of this Chapter 23B is hereby deemed a public nuisance.

2. Each day that an offense continues shall constitute a separate violation.

§ 23B-904 Suspension and Revocation of Permits and Approvals.

[Ord. 2011-03, 2/3/2011, Art. 9]

1. Any building, land development or other permit or approval issued by the Township may be suspended or revoked by the Township for:

A. Non-compliance with or failure to implement any provision of the permit.

B. A violation of any provision of this Chapter 23B.

C. 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 Township when:

A. The Township or designee has inspected and approved the corrections to the stormwater BMPs or the elimination of the hazard or nuisance.

B. The Township is satisfied that the violation of the ordinance, law or rule and regulation has been corrected.

C. Payment of all Township fees, costs and expenses related to or arising from the violation has been made.

3. A permit or approval which has been revoked by the Township cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this Chapter 23B.

§ 23B-905 Penalties.

[Ord. 2011-03, 2/3/2011, Art. 9]

1. Any person, partnership or corporation who or which has violated the provisions of this Chapter 23B shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $1,000 plus all court costs, including reasonable attorney and expert witness fees incurred by the Township as a result thereof. Each day that the violation continues shall be a separate offense.

2. The court of common pleas, upon petition, may grant an order of stay upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.

3. Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.

4. In addition, the Township, through its solicitor, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this Chapter 23B. 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.

§ 23B-906 Appeals.

[Ord. 2011-03, 2/3/2011, Art. 9]

Any person aggrieved by any action of the Township or its designee relevant to the provisions of this Chapter 23B may appeal using the appeal procedures established in the MPC.