Borough of Edgeworth, PA
Allegheny County
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Table of Contents
Table of Contents
The violation of any provision of this ordinance is hereby deemed a public nuisance.
Each day that a violation continues shall constitute a separate violation.
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:
The performance of monitoring, analyses, and reporting;
The elimination of prohibited connections or discharges;
Cessation of any violating discharges, practices, or operations;
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
Payment of a fine to cover administrative and remediation costs;
The implementation of stormwater BMPs; and
Operation and maintenance of stormwater BMPs.
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, 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.
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.
Notification of noncompliance. A copy of any notice or stop-work order under Subsection A and B above shall be served upon the landowner by either personal delivery or certified mail.
Cancellation notice. Upon completion of remedial steps required by a notice under Subsection B above, the Code Enforcement Officer shall forthwith issue a notice of compliance and cancellation of said notice of noncompliance or stop-work order.
Any person who feels aggrieved at any stop-work order issued by the Code Enforcement Officer under this part, or by failure to cancel same after performance of remedial steps, shall have the right to request a hearing within seven days after making said request. At said hearing, the Code Enforcement Officer and the aggrieved person shall present any evidence bearing on the propriety of said stop-work order or continuation of same. At the conclusion of the hearing, and based upon the evidence presented to it, the Municipal Council shall:
Affirm the stop-work order and the remedial steps required therein and direct continuing effect and enforcement of said stop-work order until the offending portion of the project has been brought into compliance; or
Affirm the stop-work order, but upon such modified remedial steps as the Council may find necessary and appropriate, then direct continuing effect and enforcement of said stop-work order until the offending portion of the project has been brought into compliance; or
Reverse, cancel or suspend the stop-work order upon a finding that remedial steps are not necessary or that required remedial steps have been taken, or upon a finding that a stop-work order is not appropriate or necessary during the performance of required remedial steps.
The Edgeworth Borough Council, upon the request by the Code Enforcement Officer at the next regular meeting of the Council, after at least three days' notice in writing to the landowner, may revoke the permit issued pursuant to this part for any project which the Council finds, upon evidence presented to it, that the landowner has proceeded with work on the offending portion of any project, except specified remedial work to bring the project into compliance with the approved plan, while under a valid stop-work order which has neither been reversed, canceled nor suspended by the Council.
DEP or its designees (e.g., County Conservation Districts) normally ensure compliance with any permits issued, including those for stormwater management. In addition to DEP compliance programs, the municipality or its designee may inspect all phases of the construction, operations, maintenance and any other implementation of stormwater BMPs.
During any stage of the regulated earth disturbance activities, if the municipality or its designee determines that any BMPs are not being implemented in accordance with this part, the municipality may suspend or revoke any existing permits or other approvals until the deficiencies are corrected.
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 $600 for each violation, recoverable with costs. Each day that the violation continues shall be a separate offense and penalties shall be cumulative.
In addition, the municipality 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.
Any person aggrieved by any decision of the Edgeworth Borough Council or any Municipal Officer affected thereby, may appeal therefrom within 30 days to the County Court of Allegheny County.