[Ord. 2011-01, 4/7/2011, § 1101]
1.
In the event that a person fails to comply with the requirements
of this Part, an approved SWM site plan, or fails to conform to the
requirements of any permit or approval issued hereunder, the municipality
shall provide written notification of the violation. Such notification
shall set forth the nature of the violation(s) and establish a time
limit for correction of these violation(s).
2.
Failure to comply within the time specified shall subject such person
to the penalties provisions of this Part. All such penalties shall
be deemed cumulative and shall not prevent the municipality from pursuing
any and all other 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. 2011-01, 4/7/2011, § 1102]
1.
The municipal governing body is hereby authorized and directed to
enforce all of the provisions of this Part. The approved SWM site
plan shall be on file at the project site throughout the duration
of the construction activity. The municipality or their designee may
make periodic inspections during construction.
2.
Adherence to Approved SWM Site Plan.
A.
It shall be unlawful for any person, firm, or corporation to undertake
any regulated activity on any property except as provided for by an
approved SWM site plan and pursuant to the requirements of this Part.
B.
It shall be unlawful to alter or remove any control structure required
by the SWM site plan pursuant to this Part.
C.
It shall be unlawful to allow a property to remain in a condition
that does not conform to an approved SWM site plan.
[Ord. 2011-01, 4/7/2011, § 1103]
[Ord. 2011-01, 4/7/2011, § 1104]
1.
Any approval or permit issued by the municipality may be suspended
or revoked for:
A.
Noncompliance with or failure to implement any provision of the approved
SWM site plan or operation and maintenance (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 or nuisance,
pollution, or which endangers the life or property of others.
3.
An approval that has been revoked by the municipality cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this Part.
[Ord. 2011-01, 4/7/2011, § 1105]
1.
Any person, partnership or corporation who or which has violated
the provisions of this Part, upon being found liable therefore in
a civil enforcement proceeding commenced by the Township shall, pay
a civil penalty of not more than $500 for each violation, plus all
court costs, including reasonable attorney fees incurred by the Township
as a result thereof. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable rules of civil procedure. Each day that a violation continues
shall constitute a separate violation and penalties shall be cumulative.
2.
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 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. 2011-01, 4/7/2011, § 1106]
1.
Any person aggrieved by any action of the municipality or its designee,
relevant to the provisions of this Part, may appeal to the municipality
within 30 days of that action.
2.
Any person aggrieved by any decision of the municipality, relevant
to the provisions of this Part, may appeal to the Crawford County
Court of Common Pleas within 30 days of the municipality's decision.
