A. 
Neither the issuance of a grading permit under the provisions of this chapter, nor the compliance with the provisions hereof or with any conditions imposed by the Zoning Officer, Borough Engineer or Consulting Engineer hereunder, shall relieve any permit holder or property owner from any responsibility for damage to persons or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the Borough, its employees, and its consultants for damages to persons or property.
B. 
The property owner shall be fully responsible for any noncompliance with approved plans. He shall carry the responsibility both for his own employees and for all contractors and subcontractors from the first day of grading, excavation, and/or fill operations until release by the Borough. The use of qualified personnel experienced and knowledgeable in the practice of excavation and landscape restoration shall be required.
C. 
Compliance with the requirements of this chapter shall be incumbent both upon the permit holder and the property owner who is performing or causing the performance of any grading, excavation, and/or fill operations, the presence or absence of an inspector notwithstanding.
A. 
Whenever the Zoning Officer or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter, or of any regulation adopted pursuant hereto, notice of such alleged violation shall be given as hereinafter provided. Such notice shall:
(1) 
Be in writing;
(2) 
Include a statement of the reasons for its issuance;
(3) 
Allow, at the discretion of the Zoning Officer or other authorized municipal representative, time for the performance of any act it requires;
(4) 
Be served upon the property owner and his agent, as the case may require, by certified mail at the address set forth on the original grading permit application; provided, however, that such notice or order may also be served upon such owner and agent, as the case may be, by any other method authorized by the laws of Pennsylvania;
(5) 
Contain, at the discretion of the Zoning Officer or other authorized municipal representative, an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter, or any part thereof, and with any regulations adopted pursuant hereto.
B. 
When notice of any violation of, or noncompliance with, the provision of this chapter has been given, such violation shall be discontinued immediately or within a reasonable time limit as specified in such notice. If such violation is not discontinued, or extends beyond the specified time limit, the Zoning Officer shall revoke the grading permit and the violator shall be subject to the applicable penalty. In either case, restoration of the property to its original condition may be required.
C. 
Any person violating any of the provisions of this chapter shall be liable, on conviction thereof, to a penalty not exceeding $500, plus costs of prosecution. Whenever such person shall have been notified by the Zoning Officer, by service of summons in a prosecution, or in any way, that he is committing such violation of this chapter, each day that he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. In default of such payment, such person shall be imprisoned in the county prison for a period not to exceed 10 days. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this chapter. The imposition of a fine or penalty for any violation of, or noncompliance with, this chapter shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violation and noncompliance within a reasonable time. Any grading, excavation, and/or filling in violation of or in noncompliance with this chapter may be declared by the Borough Council to be a public nuisance and abatable as such.
In case any work is performed by any person in violation of any of the provisions of this chapter, the proper officer of the Borough, in addition to other remedies, may institute in the name of the Borough an appropriate action or proceeding, whether by legal process or otherwise, to prevent such unlawful work and to restrain or abate such violation.