Upon presentation of proper credentials and with the consent of the
owner, duly authorized representatives of the Township may enter at
reasonable times upon any property within the Township 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.
In the event that the owner refuses admission to the property, duly
authorized representatives of the Township may seek an administrative
search warrant issued by a district judge or magistrate to gain access
to the property.
Whenever the Township finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the Township may
order compliance by written notice to the responsible person. Such
notice may require without limitation:
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 Township or designee and the expense thereof, together
with all related lien and enforcement fees, charges and expenses,
shall be charged to the violator.
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 Township from
pursuing any and all other remedies available at law or in equity.
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.
A permit or approval which has been revoked by the Township cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this chapter.
Any person, partnership, corporation or other entity who or which
has violated the provisions of this chapter shall, upon being found
liable therefor in a civil enforcement proceeding commenced by the
Township, pay a judgment of not more than $1,000 plus all court costs,
including reasonable attorney's fees incurred by the Township 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 Township may enforce the judgment pursuant to a
separate violation, unless the district justice or magistrate, determining
that there has been a violation, further determines that there was
a good-faith basis for the person, partnership, corporation or other
entity 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.
The Court of Common Pleas of Northampton County, 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.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
In addition, the Township, through the Township 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 or other appropriate forms
of remedy or relief.
Any person aggrieved by any action of the Township or its designee
relevant to the provisions of this chapter may appeal using the appeal
procedures established in the MPC.