Upon presentation of proper credentials, the Borough may enter
at reasonable times upon any property, public or private, within the
Borough to inspect the condition of the stormwater structures and
facilities in regard to any aspect regulated by this chapter, and
to determine compliance with the provisions hereof, and/or the rules,
orders, or permit issued hereunder.
A.
SWM BMPs included in the approved SWM site plan shall be inspected
by the landowner, or the owner's designee, including the Borough for
dedicated and owned facilities, according to the following list of
minimum frequencies:
(1)
Annually for the first five years.
(2)
Once every three years thereafter.
(3)
During or immediately after the cessation of a ten-year-or-greater
storm, i.e., a storm of an estimated frequency of recurrence of 10
years or greater interval of time.
(4)
All stormwater BMPs serving nonresidential development or serving
more than one residential unit shall be inspected, and a report of
such inspection shall be submitted to the Borough for review on an
annual basis. The property owner shall develop an inspection report
that is consistent with the O&M plan. Such report shall be approved
by the Borough prior to approval of the SWM site plan.
(5)
All inspection records shall be maintained by the property owner
for at least five years and shall be made available to the Borough
upon written request.
B.
Inspections should be conducted during or immediately following precipitation
events. A written inspection report shall be created to document each
inspection. The inspection report shall contain the date and time
of the inspection, the individual(s) who completed the inspection,
the location of the BMP, facility or structure inspected, observations
on performance, and recommendations for improving performance, if
applicable. Inspection reports shall be submitted to the Borough within
30 days following completion of the inspection.
In the event that a person fails to comply with the requirements
of this chapter, or fails to conform to the requirements of any permit
issued hereunder, the Borough shall provide written notification of
the asserted violation(s). Such notification shall set forth the nature
of the violations and establish a time limit for the correction of
these violation(s). Failure to comply within the time specified shall
subject such person to the penalty provisions of this chapter. All
such penalties shall be deemed cumulative and do not prevent the Borough
from pursuing any and all other remedies, in law or in equity, available
to it. It shall be the responsibility of the owner of the real property
on which any regulated activity is proposed to occur, is occurring,
or has occurred, to comply with the terms and conditions of this chapter.
A.
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 § 173-302.
B.
It shall be unlawful to violate any section of this chapter.
C.
Inspections regarding compliance with the SWM site plan are a responsibility
of the Borough or qualified persons designated by the Borough.
A.
Any approval or permit issued by the Borough pursuant to this chapter
may be suspended or revoked for:
(1)
Noncompliance with or failure to implement, construct, maintain,
or otherwise comply with any provision of the approved SWM site plan
or O&M agreement.
(2)
A violation of any provision of this chapter or any other applicable
law, ordinance, rule, or regulation relating to the regulated activity.
(3)
The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard, nuisance,
pollution, or endangers the life or property of others.
C.
An approval that has been revoked by the Borough cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this chapter.
D.
If a violation causes no immediate danger to life, public health,
public safety, or property, at its sole discretion, the Borough may
provide a limited time period for the owner to correct the violation.
In these cases, the Borough will provide the owner, or the owner's
designee, with a written notice of the violation and the time period
allowed for the owner to correct the violation. If the owner does
not correct the violation within the allowed time period, the Borough
may revoke or suspend any, or all, applicable approvals and permits
pertaining to any provision of this chapter.
A.
Any person, partnership, entity, or corporation who or which has
violated the provisions of this chapter shall, upon being found liable
therefor in a civil and/or criminal enforcement proceeding commenced
by the Borough, pay a fine of not more than $1,000 and no less than
$300. No judgment shall commence or be imposed, levied or payable
until the date of the determination of a violation by the District
Justice. If the defendant neither pays nor timely appeals the judgment,
the Borough may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues shall constitute
a separate violation and a separate fine may be levied cumulatively.
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.
B.
The Borough 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.
A.
Any person aggrieved by any action of the Borough or its designee,
relevant to the provisions of this chapter, may appeal to the Borough
within 30 days of that action.
B.
Any person aggrieved by any decision of the Borough, relevant to
the provisions of this chapter, may appeal to the York County Court
of Common Pleas within 30 days of the Borough's decision.
