Whenever the Borough finds that a user has violated or is violating
any prohibition, limitation or requirements contained herein, the
Borough may serve upon such person a written notice of violation.
The notice may require a response in the form of a plan, explanation,
compliance schedule or other appropriate response within a specified
time period. Compliance with any such requirement is mandatory.
If any user violates the provisions of this chapter or any order related to sewer service of the Borough, the Borough may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of Chester County. In any such proceeding, the Borough may seek to collect any damages and costs incurred pursuant to §
329-16 hereof and any fines imposed under §
329-14 hereof.
In addition to any other remedy available under this chapter,
any person who shall violate any provision of the chapter shall, upon
conviction thereof, be sentenced to pay a fine of not more than $1,000
for each offense, together with the cost of prosecution, which fine
may be collected by suit or summary proceeding brought in the name
of the Borough before any Magisterial District Judge. All fines and
penalties collected for the violation of this chapter shall be paid
over to the Borough. Each day on which a violation shall occur or
continue shall be deemed a separate and distinct offense. All court
costs and attorneys' fees incurred by the Borough in connection
with an enforcement action under this chapter shall be assessed to
the person violating this chapter. Upon judgment against any person
by summary conviction or by proceeding by summons on default of the
payment of the fine or penalty imposed and the court costs and reasonable
attorneys' fees incurred by the Borough in enforcement proceedings,
the person found to have violated this chapter may be sentenced and
committed to prison for a period not exceeding 30 days.
The Borough may take any action permitted by law to enforce
any provisions of this chapter.
In the event any person discharges its waste into the Borough
sewers which causes or threatens to cause damage to the Borough or
to any employee thereof or discharges any substance that damages or
threatens to damage the environment, that person shall be liable for
the damage thereto, said damage to include all costs incurred by the
Borough, including, but not limited to, costs of restoration or replacement,
fines, legal and engineering fees and natural resources damages. The
limit of the damage shall be determined by the Borough and the person
shall be billed therefor. Legal action may be taken to enforce collection
and/or the Borough may terminate the offending connection to the Borough
sewers.