[Ord. No. 1076, 11/14/2018]
Upon presentation of proper credentials, the Borough or its designated agent 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 chapter.
[Ord. No. 1076, 11/14/2018]
1. 
The landowner or the owner's designee (including the Borough for dedicated and owned facilities) shall inspect SWM BMPs, facilities and/or structures installed under this chapter according to the following frequencies, at a minimum, to ensure the BMPs, facilities and/or structures continue to function as intended:
A. 
Annually for the first five years.
B. 
Once every three years thereafter.
C. 
During or immediately after the cessation of a ten-year or greater storm.
2. 
Inspections should be conducted during or immediately following precipitation events. A written inspection report shall be created to document each inspection. The inspection report shall contain the date and time of the inspection, the individual(s) who completed the inspection, the location of the BMP, facility or structure inspected, observations on performance, and recommendations for improving performance, if applicable. Inspection reports shall be submitted to the Borough within 30 days following completion of the inspection.
[Ord. No. 1076, 11/14/2018]
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 § 23-202.
2. 
It shall be unlawful to violate § 23-603 of this chapter.
3. 
Inspections regarding compliance with the SWM site plan are a responsibility of the Borough.
[Ord. No. 1076, 11/14/2018]
1. 
Any approval or permit issued by the Borough pursuant to this chapter 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 chapter 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, or pollution, or endangers the life or property of others.
2. 
A suspended approval may 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 chapter.
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 chapter.
[Ord. No. 1076, 11/14/2018]
1. 
Anyone violating the provisions of this chapter shall be guilty of a summary offense, and upon conviction, shall be subject to a fine of not more than $1,000 for each violation, recoverable with costs, including reasonable attorney's fees incurred by the Borough as a result thereof. Each day that the violation continues shall be a separate offense, and penalties shall be cumulative.
2. 
In addition, the Borough 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.
[Ord. No. 1076, 11/14/2018]
1. 
Any person aggrieved by any action of the Borough or its designee relevant to the provisions of this chapter may appeal to the Borough within 30 days of that action.
2. 
Any person aggrieved by any decision of the Borough relevant to the provisions of this chapter may appeal to the Allegheny County Court of Common Pleas within 30 days of the Borough's decision.