[Ord. 302, 1/13/1992, § 101]
1.
This Part shall be known as the "Township of Harmar Grading, Excavating
and Fill Ordinance."
2.
The purpose of this Part is to provide minimum standards to safeguard
persons, to protect property, streams and watercourses, to maintain
and promote ecology, and to promote the public welfare by regulating
and controlling the design, construction, quality of materials, use,
location and maintenance of grading, excavation and fill. This Part
is adopted pursuant to the Second Class Township Code, 53 P.S. §§ 65708,
65712, 65729, 65747 and 65762.
3.
If any section, subsection, sentence, clause or phrase of this Part
is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portion of this Part.
[Ord. 302, 1/13/1992, § 102]
Wherever used in this Part, the words shall have the following
meaning:
Ratio formed by the horizontal over the vertical difference
of position, and where the vertical difference is usually expressed
as one (e.g., 2/1, 3/1, etc.).
The Township Zoning Officer, or such other qualified individual
designated by way of resolution by the Board of Supervisors to act
for the Township under this Part.
A valid, written permit issued by the Township pursuant to
the provisions of applicable Township ordinances for the construction,
erection of, or alterations of a structure or buildings.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, including such processes as gravitational
creep.
Any act by which earth, sand, gravel, rock, coal or any other
similar material is cut into, dug, quarried, uncovered, removed, displaced
or relocated or bulldozed and shall include the conditions resulting
therefrom.
A structural barrier to prevent intrusion within a given
area.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved
to a new location, and shall include the conditions resulting therefrom.
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EXISTING OR NATURAL GRADE — The elevation of the existing
ground surface above sea level prior to any excavating or filling.
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FINISHED GRADE — The elevation of the ground surface above
sea level after grading has been completed and the elevation coincides
with the elevation called for in a plan of grading.
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ROUGH GRADE — State of grading which approximates the
finished grade in a plan of grading.
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An excavation or fill, or any combination thereof, and shall
include the conditions resulting from any excavation or fill.
Any permit required by this Part.
A danger or potential danger to life, limb or health, or
an adverse effect or potential adverse effect to the safety, use or
stability of property, waterways, public ways, structures, utilities
and storm sewers; including stream pollution.
The application of such material as will produce a dust free,
all weather, hard surface.
A natural person or persons, but shall also include a partnership
or corporation, and their heirs, successors and assigns.
The Township of Harmar.
[Ord. 302, 1/13/1992, § 103]
New grading, excavations or fills, or changes, additions, repairs
or alterations made to existing grading, excavations or fills, shall
conform to the provisions of this Part.
[Ord. 302, 1/13/1992, § 104]
No person shall commence or perform any grading, excavation,
fill or permanent removal of vegetation, trees or ground cover without
first having obtained a grading permit from the Administrator. "Permanent
removal of vegetation, trees or ground cover" includes any removal
of vegetation, trees or ground cover which is not replaced within
60 days of removal. A separate grading permit shall be required for
each lot.
[Ord. 302, 1/13/1992, § 105]
1.
A grading permit will not be required in the following situations,
but in all other respects, the provisions of this Part shall apply:
A.
An excavation which does not exceed four feet in vertical depth at
its deepest point measured from the existing grade, if the grading:
(1)
Does not cover an area of more than 20% of the lot.
(2)
Does not exceed 12,000 square feet.
(3)
Does not exceed 250 cubic yards.
(4)
Does not result in cut and/or fill slope steeper than four horizontal to one vertical, and does not exceed an area of 1,000 square feet for areas recognized by the soil survey or better source as containing landslide-prone soils. This exception shall not effect the applicability of this Part to the requirement of a grading permit for any fill made with the material from such excavation, unless such fill is within the exception of Subsection 1B, herein.
B.
A fill which does not exceed four feet in vertical depth at its deepest
point measured to the existing grade, if the grading:
C.
An excavation for basements and footings of a building, swimming
pool or underground structure authorized by a building permit, and
excavation of a driveway between a building site and the street where
the plot plans attached to the building permit indicate existing and
proposed contours. A grading permit shall not be required for the
temporary stockpiling on the site, of the material from such excavation,
within a one-year period beginning from issuance of the building permit.
D.
The development of a lot for a single family detached dwelling provided
no slopes to be created will exceed one-foot vertical to each two
feet horizontal and stormwater drainage will either not be changed
or will be contained on the lot.
E.
The permanent removal of vegetation including, but not limited to,
trees and ground cover in a gross area of less than 5,000 square feet.
F.
The preparation of land surface for the planting of crops, gardens
or landscaping materials.
[Ord. 302, 1/13/1992, § 106; as amended by A.O.]
1.
Every applicant for a grading permit shall file a written application
therefore with the Administrator. Such application shall:
A.
Describe the land on which the proposed work is to be done by lot,
block, tract or street address, or similar description, which will
readily identify and locate the proposed work.
B.
Contain the name and address of the applicant and the owner of the
land in question. If the owner is other than the applicant, then the
application shall state the nature of the applicant's interest
in the land, and shall include written permission from the owner for
such application to be made.
C.
State the estimated dates of the starting and completion of the proposed
work.
D.
State the use to which the land will be put after the work is done,
and whether land development, subdivision or zoning approval for such
use has been obtained. If zoning, land development or subdivision
approval has been obtained, a copy of such approval shall be attached.
E.
Contain such additional information as may be reasonably requested
in any particular case by the Township Engineer or Administrator in
order to facilitate the review required by this Part.
F.
Be accompanied by three copies of plans and specifications prepared
by a registered engineer, registered surveyor, registered architect
or registered landscape architect, licensed by the Commonwealth of
Pennsylvania, including:
(1)
A plan of survey.
(2)
A contour map, showing the present contours of the land and
the proposed contours of the land after completion of the proposed
grading at a scale not smaller than 50 feet to one inch, and at a
contour interval of not greater than two feet.
(3)
A plan showing cross sections of the proposed cut and/or fill
on fifty-foot intervals, which show the method of benching both cut
and/or fill, however, under no circumstances shall there be less than
two cross sections for each property involved under said permit.
(4)
A plot plan showing the location of the grading, boundaries,
lot lines, neighboring streets and ways, existing and proposed buildings,
existing water lines and sewers or drains, existing utility lines,
type of existing and proposed ground cover or vegetation, and sufficient
dimensions and other data to show the location of all work.
(5)
A description of the type and classification of the soils and
geological conditions obtained from an on-site investigation, where
the Engineer has cause to require such an investigation.
(6)
Details and location of existing watercourses, area and details
of paving, and any proposed drainage structures id pipes, walls and
cribbing, details of bridges and/or culverts required to cross over
watercourses.
(7)
Nature of fill material.
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All plans shall be dated and bear: (a) the name and seal of
the registered professional who prepared same; (b) the name of the
applicant, and (c) the name of the owner of the land.
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G.
Be accompanied by such fee as is established by resolution of the
Township Board of Supervisors.
H.
Be accompanied by an approval of the proposed activity by the Allegheny
County Soil Conservation District or the Department of Environmental
Protection or by letter from those agencies stating that approvals
are not required.
[Ord. 302, 1/13/1992, § 107]
1.
Upon receiving a grading application permit, the Administrator shall
submit copies of the application and plans to the Township Zoning
Officer and Township Engineer.
A.
The Administrator shall not render a decision on an application until
the recommendation of the Township Engineer is received; provided,
however, that in no event shall the Administrator delay a decision
beyond 90 days from the date of filing of the application.
B.
The Zoning Officer shall promptly inform the Administrator, in writing,
as to whether the proposed use is approved for zoning.
2.
The Administrator shall approve or disapprove the grading permit
application. The decision shall be stated in writing and mailed to
the address of the applicant shown on the application.
A.
The decision letter shall contain the notation "Date of Decision
_____" with the date inserted. The decision letter shall also state:
Any person aggrieved by this decision may file, in writing, an appeal
to the Harmar Township Board of Supervisors within 10 days from the
date of this decision or of the date of issuance of a grading permit,
whichever is later.
B.
Where an application is approved, the decision letter shall also
state "A grading permit will be issued and work may be commenced pursuant
thereto once bond is posted as required by the Township Grading Ordinance."
3.
Where an application has been approved, the grading permit shall
not be issued until the applicant shall post a bond with a corporate
surety. Such bond shall be executed by a corporate surety, as well
as by the principal, and shall be subject to the approval of the Township
Solicitor as to form. The bond shall issue to the benefit of the Township
and be conditioned upon the faithful performance of the work required
under the terms and conditions of the grading permit to the satisfaction
of the Administrator. In lieu of said bond, a cash deposit or other
financial security acceptable to the Township shall be posted with
the Township. Said financial security shall be in the amount of 110%
of the cost of completion of the proposed work, such cost to be estimated
as of 90 days following the date scheduled for completion.
A.
Estimation of the amount of security, annual adjustment of the amount
of security, release of the security, and resolution of any dispute
over the amount of security shall be carried out substantially in
accordance with the provisions of § 509 of Act 170 of 1988,
53 P.S. § 10509, pertaining to financial security to guarantee
completion of improvements.
4.
Once a grading permit is issued, it shall be continuously and conspicuously
posted by the applicant at the work site, from the date of issuance
until the date of completion of the work.
[Ord. 302, 1/13/1992, § 108]
Every grading permit shall expire and become null and void if
the work authorized by such permit has not been commenced within one
year, or is not completed within two years from the date of issue;
provided, that the Administrator may, if the permit holder presents
satisfactory evidence in writing that unusual difficulties have prevented
the work from being started or completed within the specified time
limits, grant a reasonable extension of time; and, provided further,
that the application for the extension of time is made at least 90
days before the date of expiration of the permit.
[Ord. 302, 1/13/1992, § 109]
1.
Where, in the opinion of the Administrator, the application meets
all requirements of this Part, and if the proposed use of the land
has seen approved for zoning, and a final subdivision or land development
plan has been approved, the application shall be approved.
2.
A variance from the substantive provisions of this Part may be granted
by the Administrator where all of the following conditions are met:
A.
There is a unique physical condition of the land which necessitates
the variance.
B.
The Township Engineer has recommended, in writing, that compliance
with the provision in question will not significantly promote the
purposes of this Part.
C.
The proposed project is not economically feasible without the requested
variance.
D.
The necessity for the variance is not self-created.
E.
The applicant specifies the provisions from which a variance is requested
and the grounds therefore in the application.
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The Administrator may subject the grant of a variance to reasonable
conditions intended to further the purposes of this Part.
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3.
Where, in the opinion of the Administrator, the application fails
to conform to the requirements of this Part or the work as proposed
by the applicant is likely to endanger any person, property or any
street or way, the application shall be denied. In determining whether
the proposed work is likely to endanger property, or streets, or alleys,
or streams, or create hazardous conditions, or damage the ecology
of the area, the Administrator shall give consideration to, but shall
not be limited to possible saturation by rains, earth movements, run-off
of surface waters and subsurface conditions such as the stratification
and faulting of rock, and the nature and type of the soil, rock or
other minerals.
4.
An approval may be made subject to reasonable conditions imposed
by the Administrator to further the purposes of this Part.
5.
Where an application is denied, the decision letter shall specify
the reasons for denial.
6.
The Board of Supervisors shall, pursuant to the Local Agency Law,
2 Pa.C.S.A. § 751 et seq., hear appeals by persons aggrieved
from the determinations of the Administrator, and the Board may consider
alternate methods, standards or materials proposed by the applicant.
Any appeal must be filed within 10 days of the date of the decision
of the Administrator or of the date of issuance of a grading permit,
whichever is later.
[Ord. 302, 1/13/1992, § 110]
1.
Inspection by Administrator.
A.
The Administrator or his designee shall make the inspections hereinafter
required, and any random or unannounced inspections deemed desirable
by the Administrator.
B.
The Administrator may either approve that portion of the work that
has been completed or notify the permit holder wherein the same fails
to comply with the provisions of this Part or of a previously issued
permit.
C.
Where it is found by inspection that the soil or other conditions
are not as stated or shown on the application, the Administrator shall
stop work on the site immediately until approval is obtained for a
revised grading plan conforming to the existing conditions.
2.
Plans for grading work, approved by the Administrator, shall be maintained
at the site during the progress of the grading work until the work
has been approved.
3.
The permit holder shall notify the Administrator in order to obtain
inspections in accordance with the following schedule, and such notifications
shall be made by the permit holder at least 72 hours before the inspection
is to be made:
A.
Initial Inspection. When work on the excavation or fill is about
to be commenced.
B.
Rough Grading. When all rough grading has been completed.
C.
Drainage Facilities. When drainage facilities are to be installed
and before such facilities are back-filled.
D.
Special Inspection. If at any time conditions or the work differ
from the description thereof in the permit holder's application.
E.
Special Structures. When excavations are complete for retaining and
crib walls, and when reinforcing steel is in place and before concrete
is poured.
F.
Final Inspection. When all work, including the installation of all
drainage and other structures, has been completed.
4.
If, at any stage of the work, the Administrator shall determine by
inspection that conditions exist, such that the work as authorized
by an existing permit is likely to endanger any property, or streets,
or ways, or create hazardous conditions, the Administrator may require,
as a condition to allowing the work to be done, that such reasonable
"safety precautions" be taken as the Administrator considers advisable
to avoid the likelihood of danger. "Safety precautions" may include,
but shall not be limited to, specifying a lesser degree of slope,
construction of additional drainage facilities, berms, terracing,
compaction, cribbing or walls.
5.
Permittees shall bear all costs of inspections conducted hereunder,
including engineering fees incurred by the Township. Such engineering
fees shall be assessed in accordance with the Township Engineer's
established schedule of fees.
[Ord. 302, 1/13/1992, § 111]
1.
Maximum slope steepness of a cut shall be three horizontal to one
vertical for minimizing erosion and landslide hazard, unless otherwise
determined by the Township Engineer in accordance with the following:
A.
Landslide. Prone soils where slopes are greater than 25% shall have
cut slopes no steeper than three horizontal to one vertical. Soil
survey series are: Gilpin-Vandergrift Silt Loams, Gilpin-Upshur Complex,
Dormant Silt Loam. The three soil series named are identified as landslide
prone soils but are not all inclusive. The plan shall define areas
susceptible to landsliding and where proper engineering or land use
control is needed.
B.
Landslide. Prone soils where slopes are less than 25% shall have
cut slopes no steeper than two horizontal to one vertical. Soil survey
series are: Upshur Silty Clay Loam, Gilpin-Upshur Complex, Guernsey-Vandergrift
Silt Loams, Ernest-Vandergrift Silt Loams. The four soil series named
are identified as landslide prone soils but are not all inclusive.
The plan shall define areas susceptible to landsliding and where proper
engineering or land use control is needed.
C.
Soils which are not or have a low probability of being landslide-prone
shall have a slope no steeper than 1 1/2 horizontal to one vertical.
2.
Cut slopes which are steeper than those specified above may be allowed
under a grading permit, provided one or both of the following is satisfied:
A.
The material in which the excavation is made is sufficiently stable
to sustain a slope steeper than the slope specified above for recognized
soil conditions on the site. A written recommendation by the Township
Engineer, or if required by the Township Engineer a written statement
signed and sealed by a professional engineer, stating that the steeper
slope will have sufficient stability and that risk of creating a hazard
will be slight, must be submitted to the Administrator.
B.
A retaining wall or other approved support, designed by a professional
engineer and approved by the Administrator, is provided to support
the face of excavation.
3.
The top or bottom edge of slopes shall generally be set back from
adjacent property lines or street right-of-way at least five feet.
4.
Guidelines for cuts in the Erosion and Sediment Control Handbook
for Allegheny County, Pennsylvania, shall be followed.
5.
To the maximum feasible extent, excavation shall be conducted so
as to result in the least possible alteration of natural land forms.
[Ord. 302, 1/13/1992, § 112]
1.
No fill shall be placed over trees, stumps or other material which
would create a hazard. Instead, such materials may be buried in natural
ground where no structures will be built or hazard created. Limbs
can be chipped and mixed with the topsoil.
2.
All fills shall be compacted to provide stability of fill material
and to prevent undesirable settlement or slippage.
3.
No fill shall be made which creates any exposed surface steeper in
slope than three horizontal to one vertical, except under one or more
of the following conditions: a written statement from the Township
Engineer, certifying that he has inspected the site and that the proposed
deviation from the slope specified above will not result in increased
risk of injury to persons or damage to adjacent property, streets,
alleys, structures or receiving streams from erosion and sedimentation,
is submitted to and approved by the Administrator.
4.
The Administrator may require that the fill be constructed with an
exposed slope less than or flatter than three horizontal to one vertical
if he finds that under the particular conditions such flatter slope
is necessary for stability and safety.
5.
Whenever a fill is to be made of materials other than clean soil
or earth, the grading permit shall be subject to the following additional
limitations and requirements:
A.
The fill shall be completed within a reasonable length of time, the
said time limit to be determined by the Administrator and to be specified
on the grading permit.
B.
Clean soil or earth shall be placed over the top and exposed surfaces
of the fill to a depth sufficient to effectively conceal all materials,
other than clean soil or earth, within the fill.
6.
When the fill is other than clean soil or earth, the Administrator
may require clean soil or earth to be placed over the top and exposed
surfaces of the fill to a depth sufficient to conceal all materials
at the end of each day's operations.
A.
No fill of any kind shall be placed over trees, stumps, or other
material which would create a nuisance or be susceptible to attracting
rodents, termites or other pests.
B.
No grading permit shall be issued for the filling with materials other than clean soil or earth until a performance bond in the amount of at least 110% of the estimated cost of adequately covering such fill with clean soil or earth and providing adequate erosion and sedimentation control and drainage has been furnished to the Township. Such bond shall be in conformance with the provisions as set forth in § 9-107, Subsection 3.
7.
To the maximum feasible extent, fills shall be conducted so as to
result in the least possible alteration of natural land forms.
[Ord. 302, 1/13/1992, § 113]
1.
Prior to the start of grading, topsoil on the area to be graded shall
be removed, stockpiled and protected from erosion for later use to
bring the graded slopes to their final elevations. Hay bales shall
be placed along the lower elevations of areas to be graded to contain
silt runoff.
2.
In order to prevent erosion, the permittee shall be required to provide
adequate surface treatment by installing ground cover of such kind
and character as may be approved by the Administrator. Guidelines
for minimizing erosion and sediment in the Soil Erosion And Sediment
Control Handbook for Allegheny County, Pennsylvania, shall be followed.
[Ord. 302, 1/13/1992, § 114]
1.
All fills shall be compacted to provide stability of material and
to prevent undesirable settlement. The fill shall be spread in a series
of layers and shall be compacted by a sheepsfoot roller or other approved
method after each layer is spread. Fill slopes shall be keyed into
preexisting undisturbed earth and well compacted in layers not to
exceed eight inches in thickness.
2.
The Administrator may require tests or other information if, in his
opinion or that of the Township Engineer, the conditions or materials
are such that additional tests or information are necessary.
3.
Where fills are placed on slopes of 15% or more, benching of the
surface shall be required and indicated on the cross sections.
4.
Fills that exceed a height of eight feet shall be provided at the
toe of the slope with a key bench of at least two feet and not more
than four feet side across the entire length of the toe.
[Ord. 302, 1/13/1992, § 115]
1.
The toe of a slope shall be either graded to a natural existing drainageway
or to a stormwater drainage system, or provided with a stormwater
pipe draining to such a system.
2.
No stormwater originating above a graded slope shall be allowed to
flow down over the face of the graded surface.
3.
Slope areas shall be planted with fast-catching erosion-resisting
materials such as hardy rye grasses, shrubs, etc., immediately upon
completion of grading work. Hardy perennial grasses shall be sewn
after the initial planting. Graded areas shall be protected from construction
activity, covered with straw and contained along their lower elevations
by hay bales until the planting has secured the slope.
4.
All drainage provisions shall be of such design as to carry surface
waters to the nearest practical location or natural watercourse, which
is a safe place to deposit or receive such waters. Culverts and bridges
of proper size shall be installed where a watercourse is to be crossed
in accord with state rules, regulations and law.
[Ord. 302, 1/13/1992, § 116]
The owner of any property on which an excavation or fill has been made shall maintain in good condition and repair all retaining walls, cribbing, drainage structures, fences, ground cover, and other protective devices as established by permit and, further, the continued use of said area shall be contingent upon the maintenance and upkeep, satisfactory to the Township. The certificate of completion therefor may, at any time, be revoked by the Administrator, in accordance with the procedures set forth in § 9-118, Subsections 2 and 3), if the conditions of the permit are not being observed, or if conditions exist that prejudice the health, safety and welfare of any person, persons or property.
[Ord. 302, 1/13/1992, § 117]
1.
Regulations; Temporary Fences.
A.
No grading shall occur within five feet of any property or street
right-of-way line except to allow connection of driveways or walks
on the property to adjacent public streets or walks, to grade off
land immediately adjacent to a street, or upon approval of the Township
Engineer because of the presence of unusual grading or drainage circumstances.
B.
The top or bottom edge of excavation and fills shall be at least
25 feet from the nearest bank of any stream or body of water.
C.
A temporary fence, not less than four feet in height and approved
by the Administrator, shall be placed at the top of all cuts or fills
and slopes in excess of 1 1/2 horizontal to one vertical, prior
to excavation. Upon completion of grading, a permanent fence not less
than four feet in height and meeting Township fence requirements shall
be placed at the top of all such cuts or fills and slopes.
2.
The owner of a property shall be responsible to protect and clean
up affected properties of silt or debris washing from his property
as a result of the grading of his property. The duties imposed under
this subsection shall be in addition to those duties owed to other
property owners by law.
3.
In order to prevent the denuding of the landscape, wherever practicable,
large trees and other natural features constituting important physical,
esthetic and economic assets to existing or impending suburban development
shall be preserved.
4.
All grading, excavation or fill shall be performed so that no unnecessary
dust shall be raised. The Administrator may impose and enforce reasonable
dust control regulations and may revoke any permit issued under this
Part until dust control regulations are met.
5.
Where construction is proposed, individual lots shall not be graded
until after a building permit has been issued for construction thereon,
except as may be needed for placement of public improvements. Developers
are encouraged to clear only those trees that will interfere with
the actual development of each lot.
6.
In the event the developer proposes to utilize retaining walls, he
shall keep them five feet from any property or street right-of-way
line, and shall provide drainage above the wall and at its toe. A
wall or fence shall be provided along the top of a retaining wall
if a dangerous condition will exist. The design drawings for any retaining
wall shall be approved by the Township Engineer prior to construction.
[Ord. 302, 1/13/1992, § 118]
1.
If, upon final inspection, it is found that the work authorized by
the grading permit has been satisfactorily completed in accordance
with the requirements of this Part, a grading certificate of completion
covering such work and stating that the work is approved, shall be
issued to the permit holder by the Administrator.
2.
The Administrator shall have the power to revoke the grading certificate
of completion upon the recommendation of the Township Engineer that
the work covered by the permit, or that any retaining walls, cribbing,
drainage structures, fence or other protective devices shown on the
approved plans and specifications submitted for a permit have not
been maintained in good order and repair.
3.
Before such revocation, the Administrator shall first give written
notice to the permit holder and to the owner of the property involved,
specifying the defective condition, and stating that unless such defective
condition is remedied within a specified time that the certificate
shall be revoked.
4.
Any person aggrieved by the issuance or revocation of a grading certificate
of completion may appeal, in writing, pursuant to the Local Agency
Law, 2 Pa.C.S.A. § 751 et seq., to the Township Board of
Supervisors. Any appeal must be filed within 10 days of the decision
appealed from.
[Ord. 302, 1/13/1992, § 119; as amended by A.O.]
1.
No person shall construct, enlarge, alter, repair or maintain any
grading, excavation or fill, or permanently remove vegetation or ground
cover, or cause the same to be done, contrary to or in violation of
any provision of this Part.
2.
When written notice of a violation of any of the provisions of this
Part has been served by the Administrator or any person, such violation
shall be discontinued immediately.
3.
Penalties. Any person, firm or corporation who shall violate any
provision of this Part, upon conviction thereof in an action brought
before a magisterial district judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
[Ord. 302, 1/13/1992, § 120]
In case any work is performed by any person in violation of
any of the provisions of this Part, the Township, in addition to other
remedies, may institute any appropriate action or proceeding, whether
by legal process or otherwise, at law or in equity, to prevent such
unlawful work and to restrain or abate such violation.
