Upon presentation of proper credentials, duly authorized representatives
of the City of Latrobe may enter at reasonable times upon any property
to inspect, investigate or ascertain the condition of the subject
property in regard to an aspect related to stormwater management regulated
by this chapter. Prohibitions and unreasonable delays in allowing
the municipality access to a stormwater management facility pursuant
to this chapter is a violation of this chapter. The failure of any
person or entity to grant entry or to undertake any action which impedes
or prevents entry is prohibited and constitutes a violation of this
chapter. Unless in the event of an emergency, the municipality shall
notify the property owner and/or developer within 24 hours prior to
entry.
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 Article
III, §
153-303 of this chapter.
A. It shall be unlawful to alter any BMPs, facilities or structures
that were installed under this chapter without written approval of
the municipality.
B. In the event that the applicant, developer, owner or his/her agent
fails to comply with the requirements of this chapter or fails to
conform to the requirements of any permit, a written notice of violation
shall be issued. Such notification shall set forth the nature of the
violation(s) and establish a time limit for correction of the violation(s).
Upon failure to comply within the time specified, unless otherwise
extended by the municipality, the applicant, developer, owner or his/her
agent shall be subject to the enforcement remedies of this chapter.
Such notice may require, without limitation:
(1)
Whenever the municipality finds that a person has violated a
prohibition or failed to meet a requirement of this chapter, the municipality
may order compliance by written notice to the responsible person.
Such notice may require, without limitation, any or all of the following:
(a)
The performance of monitoring, analyses, and reporting.
(b)
The elimination of prohibited connections or discharges.
(c)
Cessation of any violating discharges, practices, or operations.
(d)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property.
(e)
Payment of a fine to cover administrative and remediation costs.
(f)
The implementation of stormwater management measures or facilities.
(g)
Operation and maintenance of stormwater management measures
and/or facilities.
(h)
Assessment and payment of any and all costs and expenses relative
to corrective measures taken or to be taken and reasonable costs,
expenses and attorney fees incurred by the municipality in and related
to enforcement and collection proceedings.
(2)
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of these violations(s).
Said notice may further advise that, if applicable, should the violator
fail to take the required action within the established deadline,
the work will be done by the municipality or designee and the expense
thereof shall be charged to the violator.
(3)
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 municipality
from pursuing any and all other remedies available in law or equity.
Any person who has violated or knowingly permitted the violation of the provisions of this chapter or has refused, neglected or failed to perform any of the actions required pursuant to the notice set forth in §
153-803D. above, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be guilty of a summary offense, and shall be sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus costs, together with reasonable attorney fees; and, in default or failure of full and timely payment of such fine, costs and fees, to a term of imprisonment not to exceed 90 days or to a term of imprisonment to the extent permitted by law for the punishment of violations of summary offenses, whichever is less. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.
A. If the defendant neither pays nor timely appeals the judgment, the
City of Latrobe may enforce the judgment pursuant to applicable rules
of civil procedure.
B. Each day that a violation continues shall constitute a separate violation
unless the Magisterial District Judge further determines that there
was a good faith basis for the person violating this chapter to have
believed that there was no such violation. In such case, there shall
be deemed to have been only one such violation until the fifth day
following the date of the District Justice's determination of
the violation; thereafter, each day that a violation continues shall
constitute a separate violation.
C. All judgments, costs and reasonable attorney fees collected for the
violation of this chapter shall be paid over to the municipality.
D. The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
E. Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the municipality the right
to commence any action for enforcement pursuant to this section.
F. Each day that a violation of any provision of this chapter continues
shall constitute a separate violation and be deemed a public nuisance.
In addition to the above remedies, the municipality may also
seek the remedies and penalties under applicable Pennsylvania statutes,
or regulations adopted pursuant thereto including, but not limited
to, the Storm Water Management Act, 32 P.S. § 680.1 et seq.,
and the erosion and sedimentation regulations, 25 Pa. Code Chapter
102. Any activity conducted in violation of this chapter or any Pennsylvania-approved
watershed stormwater management plan may be declared a public nuisance
by the municipality and abatable as such.