If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
within 15 days of the hearing representative's decision upholding
the decision of the Borough, then representatives of the Borough shall
enter upon the subject private property and are authorized to take
any and all measures necessary to abate the violation and/or restore
the property. It shall be unlawful for any person, owner, agent, or
person in possession of any premises to refuse to allow the Borough
or designated contractor to enter upon the premises for the purposes
set forth above.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this chapter. If
a person has violated or continues to violate the provisions of this
chapter, the Borough may petition for a preliminary or permanent injunction
restraining the person from activities that would create further violations
or compelling the person to perform abatement or remediation of the
violation.
In lieu of enforcement proceedings, penalties, and remedies
authorized by this chapter, the authorized enforcement agency may
impose upon a violator alternative compensatory actions, such as storm
drain stenciling, attendance at compliance workshops, creek cleanup,
etc.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this chapter is a threat to public health, safety,
and welfare, and is declared and deemed a public nuisance, and may
be summarily abated or restored at the violator's expense, and/or
a civil action to abate, enjoin, or otherwise compel the cessation
of such public nuisance may be taken.
The Borough may recover all attorney fees, court costs, and
other expenses associated with enforcement of this chapter, either
criminal or civil, including sampling and monitoring expenses or other
costs of investigation.
The remedies listed in this chapter are not exclusive of any
other remedies available under any applicable federal, state, or local
law, and it is within the discretion of the Borough to seek cumulative
remedies.
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.