[Ord. 585, 9/12/2011]
Any activity conducted in violation of this chapter or contrary
to an approved SWM site plan and report is declared a public nuisance
abatable as such.
[Ord. 585, 9/12/2011]
In addition to a developer or other person engaging in regulated
activities, the owner of lands on which regulated activities are undertaken
or planned shall be responsible for compliance with the provisions
of this chapter.
[Ord. 585, 9/12/2011]
In the event the violation is not corrected, the Borough shall have the authority to pursue any of the remedies set forth in §§
23-905 through
23-908 below.
[Ord. 585, 9/12/2011]
The Borough may institute a proceeding in the magisterial district
court against any person who has violated the provisions of this chapter.
Upon being found liable therefore in a civil enforcement proceeding,
the defendant shall pay a judgment of not more than $1,000 plus all
court costs, including the reasonable attorney fees incurred by the
Borough as a result thereof, and in default of payment of said fine
and costs, to a term of imprisonment not to exceed 30 days. No judgment
shall commence or be imposed, levied, or payable until the date of
the determination of a violation by the district magisterial judge.
If the defendant neither pays nor timely appeals the judgment, the
Borough may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues shall constitute
a separate violation, unless the district magisterial judge determining
that there has been a violation further determines that there was
a good faith basis for the person, partnership or corporation violating
the chapter to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the district magisterial judge and thereafter each day that a violation
continues shall constitute a separate violation.
[Ord. 585, 9/12/2011]
In addition to other remedies, the Borough may institute and
maintain appropriate actions at law to restrain, correct or abate
violations, to prevent unlawful regulated activities, and to recover
damages including reasonable expenses and legal fees incurred in enforcement
proceedings.