[Amended 12-13-2016 by Ord. No. 770]
Upon presentation of proper credentials, duly authorized representatives of the Borough may enter at reasonable times upon any property within the Borough to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this chapter.
[Amended 12-13-2016 by Ord. No. 770]
Borough Council is hereby authorized and directed to enforce the provisions of this chapter.
A. 
Any permit or approval issued by the Borough pursuant to this chapter may be suspended or revoked by the Borough in accordance with § 310-35.
B. 
Borough Council and, when authorized by Borough Council, the Code Enforcement Officer, may take actions to enforce this chapter in accordance with § 310-36.
C. 
Notification of suspension or revocation of a stormwater management permit. In the event of a suspension of a stormwater management permit, the Borough shall provide written notification, by certified mail, of the violation to the landowner at his last known address. Such notification shall:
(1) 
Cite the specific violation, describe the requirements which have not been met and cite the provisions of the chapter relied upon.
(2) 
Identify the specific protective measures to be taken.
(3) 
Assign a reasonable time period necessary for action or, in the case of revocation, identify if the Borough has authorized protective measures to be performed at the cost to the land owner.
(4) 
Identify the right of the landowner to request a hearing before the Borough Council if aggrieved by the suspension.
D. 
The Code Enforcement Officer or Borough Council may provide notice of other violations of this chapter prior to commencing an enforcement action. Issuance of a notice of violation is not a prerequisite to filing an enforcement action.
E. 
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted in § 310-12.
[Added 9-13-2022 by Ord. No. 819]
F. 
It shall be unlawful to violate any section of this chapter.
[Added 9-13-2022 by Ord. No. 819]
[Amended 12-13-2016 by Ord. No. 770]
Any person, partnership or corporation engaged in a regulated activity, as defined in § 310-10 of this chapter, shall implement the measures required by the stormwater management permit and this chapter. Any regulated activity conducted in violation of this chapter or the stormwater management permit is hereby declared a public nuisance.
A. 
Any approval or permit issued by the Borough may be suspended or revoked for:
(1) 
Noncompliance with or failure to implement any provision of the approved SWM site plan or Operation and Maintenance (O&M) Agreement.
(2) 
A violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the regulated activity.
(3) 
The creation of any condition or the commission of any act, during the regulated activity which constitutes or creates a hazard or nuisance, pollution, or which endangers the life or property of others.
B. 
A suspended approval or permit may be reinstated by the Borough when:
(1) 
The Borough or their designee has inspected and approved the corrections to the violation(s) that caused the suspension.
(2) 
The Borough is satisfied that the violation(s) has been corrected.
C. 
An approval that has been revoked by the Borough cannot be reinstated. The applicant may apply for a new approval under the provisions of this chapter.
D. 
If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the Borough may provide a limited period for the owner to correct the violation. In these cases, the Borough will provide the owner, or the owner's designee, with a written notice of the violation and the period allowed for the owner to correct the violation. If the owner does not correct the violation within the allowed period, the Borough may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.
[Added 9-13-2022 by Ord. No. 819]
[Amended 12-13-2016 by Ord. No. 770]
A. 
It shall be a violation of this chapter to commit or permit any other person to commit any of the follow acts:
(1) 
To commence regulated activities:
(a) 
Prior to obtaining unconditional approval of a SWM site plan; or
(b) 
In violation of the terms or conditions of a SWM site plan approved under this chapter.
(2) 
To install, repair, modify or alter SWM facilities prior to obtaining approvals under this chapter or in a manner which violates the terms and conditions of any approval issued under this chapter.
(3) 
To misuse or fail to maintain any SWM facility installed upon a property.
(4) 
To construct any improvements upon, grade, fill or take any other action which will impair the proper functioning of any SWM facility.
(5) 
To place false information on or omit relevant information from an application for approval under this chapter.
(6) 
To fail to comply with any other provisions of this chapter.
B. 
For each violation of the provisions of this chapter, the owner, agent, lessee, or contractor or any other person who commits, takes part in, or assists in any such violation shall be liable upon conviction thereof in a summary proceeding to pay a fine of not less than $200 nor more than $1,000 for each offense, together with the costs of prosecution. In accordance with Section 3321(6) of the Borough Code,[1] any person found guilty of violating this chapter may be assessed reasonable attorney's fees incurred by the Borough in the enforcement proceeding. Each day or portion thereof in which a violation exists shall be considered a separate violation of this chapter, and each section of this chapter which is violated shall be considered a separate violation.
[1]
Editor's Note: See 8 Pa.C.S.A. § 3321(5).
C. 
The Borough may also institute suits to restrain, prevent, or abate a violation of this chapter in equity or at law. Such proceedings in equity or at law may be initiated before any court of competent jurisdiction. In cases of emergency where, in the opinion of the court, the circumstances of the case require immediate abatement of the unlawful conduct, the court may, in its decree, fix a reasonable time during which the person responsible for the unlawful conduct shall correct or abate the same. The expense of such proceedings shall be recoverable from the violator in such manner as may now or hereafter be provided by law. In accordance with Section 3321(6) of the Borough Code,[2] any person found guilty of violating this chapter may be assessed reasonable attorney's fees incurred by the Borough in the enforcement proceeding.
[2]
Editor's Note: See 8 Pa.C.S.A. § 3321(5).
D. 
Borough Council may also take actions relating to suspension or revocation of permits set forth in § 310-35.
E. 
Borough Council may, by resolution, appoint a code enforcement officer to enforce this chapter and may authorize such code officer to institute summary criminal proceedings without prior action by Borough Council.
A. 
Any person aggrieved by any action of the Borough or its designee, relevant to the provisions of this chapter, may appeal to the Borough within 30 days of that action.
B. 
Any person aggrieved by any decision of the Borough, relevant to the provisions of this chapter, may appeal to the Lebanon County Court of Common Pleas within 30 days of the Borough's decision.