A.
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.
B.
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 Magisterial District Judge to gain access
to the property.
A.
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:
(1)
The name of the owner of record and any other person against whom
the Township intends to take action.
(2)
The location of the property in violation.
(3)
The performance of monitoring, analyses and reporting.
(4)
The elimination of prohibited connections or discharges.
(5)
Cessation of any violating discharges, practices or operations.
(6)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property.
(7)
Payment of a fine to cover administrative and remediation costs.
(8)
The implementation of stormwater management facilities.
B.
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 its designee and the expense thereof, together
with all related lien and enforcement fees, charges and expenses,
shall be charged to the violator.
C.
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 in law or equity.
A.
Any building, land development or other permit or approval issued
by the municipality may be suspended or revoked by the municipality
for:
(1)
Noncompliance with or failure to implement any provision of the permit.
(2)
A violation of any provision of this chapter.
(3)
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.
B.
A suspended permit or approval shall be reinstated by the Township
when:
(1)
The Township or its designee has inspected and approved the corrections
to the stormwater management facilities or the elimination of the
hazard or nuisance.
(2)
The Township is satisfied that the violation of the ordinance, law
or rule and regulation has been corrected.
(3)
Payment of all municipal fees, costs and expenses related to or arising
from the violation has been made.
C.
A permit or approval which has been revoked by the Township cannot
be reinstated. The developer may apply for a new permit under the
procedures outlined in this chapter
A.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the municipality, pay
a judgment of not more than $500 plus all court costs, including reasonable
attorney's fees incurred by the municipality 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 Magisterial District
Judge. If the defendant neither pays nor timely appeals the judgment,
the municipality may enforce the judgment pursuant to a separate violation,
unless the Magisterial District Judge, determining that there has
been a violation, further determines that there was a good faith basis
for the person, partnership or corporation 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 Magisterial District Judge and, thereafter, each day that a violation
continues shall constitute a separate violation.
B.
The Court of Common Pleas, 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.
C.
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.
D.
Magisterial District Judges shall have initial jurisdiction in proceedings
brought under this section.
E.
In addition, the Township, through its 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, mandamus 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 by law.
