A.
Upon presentation of proper credentials and with the consent of the
landowner, duly authorized representatives of the municipality may
enter at reasonable times upon any property within the municipality
to inspect the implementation, condition or operation and maintenance
of the stormwater BMPs or to investigate or ascertain the condition
of the subject property in regard to any aspect regulated by this
chapter.
B.
In the event that the landowner refuses admission to the property,
duly authorized representatives of the municipality may seek an administrative
search warrant issued by a district justice to gain access to the
property.
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 written notice to the responsible person.
Such notice may require without limitation:
(1)
The name of the owner of record and any other person against whom
the municipality intends to take action.
(2)
The location of the property in violation.
(3)
The performance of monitoring, analyses and reporting.
(4)
The elimination of prohibited connections or discharges.
(5)
Cessation of any violating discharges, practices or operations.
(6)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property.
(7)
Payment of a fine to cover administrative and remediation costs.
(8)
The implementation of stormwater BMPs.
(9)
Operation and maintenance of stormwater BMPs.
B.
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of the violation(s). Said
notice may further advise that should the violator fail to take the
required action within the established deadline, the work will be
done by the municipality or designee and the expense thereof, together
with all related lien and enforcement fees, charges and expenses,
shall be charged to the violator.
C.
Failure to comply within the time specified shall also subject such
person to the penalty provisions of this chapter. All such penalties
shall be deemed cumulative and shall not prevent the municipality
from pursuing any and all other remedies available in law or equity.
A.
Any building, land development or other permit or approval issued
by the municipality may be suspended or revoked by the municipality
for:
(1)
Noncompliance with or failure to implement any provision of the permit.
(2)
A violation of any provision of this chapter.
(3)
The creation of any condition or the commission of any act during
construction or development which constitutes or creates a hazard
or nuisance, pollution or which endangers the life or property of
others.
B.
A suspended permit or approval shall be reinstated by the municipality
when:
(1)
The municipality or designee has inspected and approved the corrections
to the stormwater BMPs or the elimination of the hazard or nuisance.
(2)
The municipality is satisfied that the violation of the ordinance,
law or rule and regulation has been corrected.
(3)
Payment of all municipal fees, costs and expenses related to or arising
from the violation has been made.
C.
A permit or approval which has been revoked by the municipality cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this chapter.
A.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the municipality, pay
a judgment of not more than $500 plus all court costs, including reasonable
attorney's fees incurred by the municipality as a result thereof.
No judgment shall commence or be imposed, levied or payable until
the date of the determination of a violation by the district justice.
If the defendant neither pays nor timely appeals the judgment, the
municipality may enforce the judgment pursuant to a separate violation,
unless the district judges, determining that there has been a violation,
further determine that there was a good faith basis for the person,
partnership, or corporation violating this 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 justice
and thereafter each day that a violation continues shall constitute
a separate violation.
B.
The court of common pleas, upon petition, may grant an order of stay
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the municipality the right
to commence any action for enforcement pursuant to this section.
D.
District judges shall have initial jurisdiction in proceedings brought
under this section.
E.
In addition, the municipality, through its solicitor, 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.
Any person aggrieved by any action of the municipality or its
designee relevant to the provisions of this chapter may appeal using
the appeal procedures established in the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
It is hereby declared to be the legislative intent that if a
court of competent jurisdiction declares any provisions of this chapter
amendment be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this chapter amendment shall continue to be separately
and fully effective. The Lehigh Township Board of Supervisors hereby
declares that it would have passed this chapter amendment and each
section thereof, other than any part declared invalid, if it had advance
knowledge that any section would be declared invalid.
Allegations that this chapter was enacted in a procedurally
defective manner shall be appealed as provided in state law and be
filed not later than 30 days after the intended effective date of
this chapter.
Any part of a Lehigh Township ordinance that is in direct conflict
with this chapter is hereby repealed. If this chapter applies to the
exact same matter as another provision in any other Township ordinance,
the provision in this chapter shall apply in place of such other provision.
