Township of West Nantmeal, PA Article IX Enforcement and Penalties

§ 158-44 Public nuisance.

A. Any regulated activity conducted in the violation of any provision of this chapter is hereby deemed a public nuisance.

B. Each day that a violation continues shall constitute a separate violation.

C. A separate violation will be found to exist for each section of this chapter found to have been violated.

D. To the extent that the Township does not enforce any provision of this chapter, such action or inaction shall not constitute a waiver by the Township of its rights of future enforcement hereunder.

§ 158-45 Right of entry.

A. When it is necessary to make an inspection to enforce the provisions of this chapter, the Code Official and Municipal Engineer shall be authorized to enter the property at reasonable times to inspect or perform the duties imposed by this chapter provided that if the property is occupied, that credentials be presented to the occupant and entry requested. If such property is unoccupied, the Code Official shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry. If entry is refused, the Code Official shall have recourse to the remedies provided by law to secure entry.

B. Persons working on behalf of the Township shall have the right to temporarily locate on or in any BMP, conveyance or other stormwater facility in the Township such devices as are necessary to conduct monitoring and/or sampling of the discharges from such BMP or conveyance, or other stormwater facilities.

C. Failure of the landowner or representative to grant access to the Township within 48 hours of notification, verbal or written, is a violation of this chapter.

§ 158-46 Enforcement.

A. The Municipal Engineer or other designee is hereby authorized and directed to enforce all of the provisions of this chapter. The municipal governing body may delegate enforcement duties, including the initial determination of ordinance violation and service of notice, if notice is given, to such other officers or agents as the Township shall deem qualified for that purpose.

B. It shall be the responsibility of the landowner of the real property on which any regulated activity is proposed to occur, is occurring, or has occurred to comply with the applicable terms and condition of this chapter.

C. All municipal inspections for compliance with the approved SWM site plan shall be the responsibility of the Township or its designee.

D. During any stage of the work of any regulated activity, if the Municipal Engineer or other designee determines that the erosion and sediment control measures, permanent BMPs, conveyances or other stormwater facilities are not being installed or maintained in accordance with the approved SWM site plan, the Township may suspend or revoke any existing permits or other approvals until the deficiencies are corrected or until a revised SWM site plan is submitted and approved, if and as determined to be necessary by the Municipal Engineer or other designee.

E. In the event that the Municipal Engineer or other designee finds that a person has violated a provision of this chapter, or fails to conform to the requirements of any permit or approval issued by the Township, or any O&M plan or O&M agreement approved by the Township, the Township may order compliance by written notice of the violation to the landowner.

F. Such notice may, without limitation, require the following remedies:

(1) Performance of monitoring, analyses, and reporting;

(2) Elimination of prohibited connections or discharges;

(3) Cessation of any violating discharges, practices, or operations;

(4) Abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(5) Payment of a fine to cover administrative and remediation costs and/or forfeiture of financial security;

(6) Implementation of stormwater controls, BMPs, and conveyances; and

(7) Operation, maintenance or repair of BMPs, conveyances or other stormwater facilities.

G. Such notice shall set forth the nature of the violation(s), citing to specific sections of this chapter which have not been met, and establish a time limit for commencement of correction and completion of correction of the violations(s). The notice shall provide for a right of the landowner's appeal to the municipal governing body in accordance with § 158-49 of this chapter. Said notice shall further advise that, if applicable, should the violator fail to take the required action within the established deadline, possible sanctions, clearly described, may be imposed, or the work may be done by the Township or designee, and the expense thereof shall be charged to the violator.

H. Failure to comply within the time specified in such notice 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 in law or equity.

§ 158-47 Suspension and revocation of permits and approvals.

A. Any building, land development, or other permit or approval issued by the Township may be suspended or revoked by the Township for:

(1) Noncompliance with or failure to implement any provision of the permit or approved SWM site plan or O&M agreement;

(2) A violation of any provision of this chapter or any other law or regulation applicable to the regulated activity;

(3) The creation of any condition or the commission of any act during the regulated activity that constitutes or creates a hazard or nuisance, or endangers the life, health, safety, or property of others; or

(4) Failure to correct a violation within the allowed time period allowed per notice given by the Township.

B. Prior to revocation or suspension of a permit, unless there is immediate danger or threat of such danger to life, public health or property, at the request of the applicant, the Township's governing body shall schedule a hearing on the violation and proposed revocation or suspension, pursuant to public notice. The expense of a hearing shall be the applicant's responsibility.

C. A suspended permit or approval may be reinstated by the Township when:

(1) The Municipal Engineer or other designee has inspected and approved the corrections to the BMPs, Conveyances or other stormwater facilities, or the elimination of the hazard or nuisance; and

(2) The Township is satisfied that the violation has been corrected.

D. A permit or approval that has been revoked by the Township cannot be reinstated. The applicant may apply for a new permit or approval in accordance with this chapter.

§ 158-48 Violations and penalties.

A. Any person who violates or permits the violation of any provision of this chapter shall, upon conviction thereof in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be subject to the payment of a fine of not more than $1,000, plus the costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 90 days. Each section of this chapter violated shall constitute a separate offense, and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the Magisterial District Judge of not more than $1,000, plus the costs of prosecution, or, upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 90 days. All fines and penalties collected for the violation of this chapter shall be paid to the Township Treasurer. In addition, the municipality may, through its solicitor, 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 legal or equitable forms of remedy or relief. Such relief may include costs, fees, and charges, including the municipality's attorney's fees (charged at the hourly rate approved by the governing body of the municipality) and costs, as may be permitted by law.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. In addition, the Township may, through its solicitor, 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 legal or equitable forms of remedy or relief. Such relief may include costs, fees, and charges, including the Township's attorney's fees (charged at the hourly rate approved by the governing body of the Township) and costs, as may be permitted by law.

C. Notwithstanding any other provision of this chapter, the Township shall have the right at any or all times deemed necessary by the Municipal Engineer or designee to enter upon any property within the Township to inspect and, upon determination of a violation of this chapter, to correct the violation, with all expenses associated with correcting the violation to be charged to the property owner responsible for the violation.

§ 158-49 Appeals.

A. Any person aggrieved by any action of the Municipal Engineer or other designee relative to the provisions of this chapter may appeal to the Township's governing body within 30 days of that action.

B. Any person aggrieved by any decision of the Township's governing body relative to the provisions of this chapter may appeal to the County Court of Common Pleas in the county where the activity has taken place within 30 days of the Township's decision.