[Ord. 2012-2, 4/2/2012]
Upon presentation of proper credentials, the Borough may enter at reasonable times upon any property within the Borough to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this Part.
[Ord. 2012-2, 4/2/2012]
1. 
SWM BMPs included in the approved SWM site plan shall be inspected by the landowner, or the owner's designee, including the Borough for dedicated and owned facilities, according to the following list of minimum frequencies:
A. 
Annually.
B. 
During or immediately after the cessation of a ten-year or greater storm.
C. 
A report of all inspections shall be submitted to the Borough annually.
D. 
All inspection records shall be maintained by the landowner and shall be made available to the Borough upon written request.
[Ord. 2012-2, 4/2/2012]
In the event that a person fails to comply with the requirements of this Part, or fails to conform to the requirements of any permit issued hereunder, the Borough shall provide written notification of the violation. Such notification shall set forth the nature of the violations and establish a time limit for the correction of these violation(s). Failure to comply within the time specified shall subject such person to the penalty provisions of this Part. All such penalties shall be deemed cumulative and does not prevent the Borough from pursuing any and all remedies. It shall be the responsibility of the Owner of the real property on which any regulated activity is proposed to occur, is occurring, or has occurred, to comply with the terms and conditions of this Part.
[Ord. 2012-2, 4/2/2012]
1. 
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 § 26-213.
2. 
It shall be unlawful to violate any section of this Part.
3. 
Inspections regarding compliance with the SWM site plan are a responsibility of the Borough.
[Ord. 2012-2, 4/2/2012]
1. 
Any approval or permit issued by the Borough pursuant to this Part 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 Part 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 shall be reinstated by the Borough when:
A. 
The Borough has inspected and approved the corrections to the violations that caused the suspension.
B. 
The Borough is satisfied that the violation has been corrected.
3. 
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 Part.
4. 
If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the Borough may provide a limited time 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 time period allowed for the owner to correct the violation. If the owner does not correct the violation within the allowed time period, the Borough may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this Part.
[Ord. 2012-2, 4/2/2012]
1. 
Any person, partnership or corporation who or which has violated the provisions of this Part shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $1,000. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District 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 Magisterial District Judge determining that there has been a violation further determines that there has been a good faith basis for the person, partnership or corporation violating the Part to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation. 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.
2. 
The Borough may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this Part. 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.
[Ord. 2012-2, 4/2/2012]
1. 
Any person aggrieved by any action of the Borough or its designee, relevant to the provisions of this Part, may appeal to the Borough Council within 30 days of that action.
2. 
Any person aggrieved by any decision of the Borough, relevant to the provisions of this Part, may appeal to the York County Court of Common Pleas within 30 days of the Borough's decision.