Borough of Hatboro, PA Part 9 ENFORCEMENT AND PENALTIES

§ 23-901 Right of Entry.

[Ord. 1018, 12/16/2013]

The municipality, or its authorized agents and employees, will provide 48 hours' written notice when appropriate, at its sole discretion, and may then enter upon any part of the property within the municipality to inspect and determine the compliance of the implementation, condition, or operation and maintenance (O&M) of the stormwater facilities or best management practices (BMPs) in regard to any aspect governed by this chapter. Inspection includes monitoring and sampling to determine proper operation of stormwater facilities and BMPs. The municipality shall have the right to temporarily locate on any stormwater control or BMP in the municipality such devices as are necessary to conduct monitoring and/or sampling of the discharges from such stormwater control or BMP.

§ 23-902 Inspections.

[Ord. 1018, 12/16/2013]

1. BMPs should be inspected for proper operation by the landowner, or the owner's designee (including the municipality for dedicated and owned facilities), according to the following list of minimum frequencies:

A. Annually for the first five years.

B. Once every three years thereafter.

C. During or immediately after the cessation of a ten-year, twenty-four-hour, or greater storm event.

D. As specified in the O&M agreement.

§ 23-903 Enforcement.

[Ord. 1018, 12/16/2013]

1. All inspections regarding compliance with the stormwater management (SWM) site plan and this chapter shall be the responsibility of the municipality.

A. Whenever the municipality finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the municipality may order compliance by notifying the responsible person. Such notice may include the following remedies:

(1) Performance of monitoring, analyses, and reporting;

(2) Elimination of prohibited connections or discharges;

(3) Cessation of any violating discharges, practices, or operations;

(4) Abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(5) Payment of a fine to cover administrative and remediation costs;

(6) Implementation of stormwater controls and BMPs; and

(7) O&M of stormwater facilities and BMPs.

B. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of those violation(s). If the violator fails to take the required action within the established deadline, the work may be done by the municipality and the expenses may be charged to the violator.

C. Failure to comply within the time specified may subject a violator to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent the municipality from pursuing other remedies available in law or equity.

§ 23-904 Suspension and Revocation.

[Ord. 1018, 12/16/2013]

1. Any approval or permit issued by the municipality pursuant to this chapter may be suspended or revoked for:

A. Noncompliance with or failure to implement any provision of the approved SWM site plan or O&M agreement.

B. A violation of any provision of this chapter 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, nuisance, pollution, or endangers the life or property of others.

2. A suspended approval may be reinstated by the municipality when:

A. The municipality has inspected and approved the corrections to the violations that caused the suspension.

B. The municipality is satisfied that the violation has been corrected.

3. An approval that has been revoked by the municipality cannot be reinstated. The applicant may apply for a new approval under the provisions of this chapter.

4. If a violation causes no immediate danger to life, public health or safety, or property, at its sole discretion, the municipality may provide a limited time period for the owner to correct the violation. In these cases, the municipality 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, the municipality may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.

§ 23-905 Penalties.

[Ord. 1018, 12/16/2013]

1. Anyone violating the provisions of this chapter shall be guilty of a summary offense, and upon conviction, shall be subject to a fine of not more than $1,000 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, the municipality may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter. 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.

§ 23-906 Appeals.

[Ord. 1018, 12/16/2013]

1. Any person aggrieved by any action of the municipality or its designee, relevant to the provisions of this chapter, may appeal to the municipality within 30 days of that action.

2. Any person aggrieved by any decision of the municipality, relevant to the provisions of this chapter, may appeal to the County Court of Common Pleas in the county where the activity has taken place within 30 days of the municipality's decision.