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 Township, then representatives of the Township
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 Township 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 Township 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 Township 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 Township to seek cumulative
remedies.
Upon presentation of proper credentials, the municipality or
its designated agent may enter at reasonable times upon any property
within the municipality to inspect the condition of the stormwater
structures and facilities in regard to any aspect regulated by this
chapter.
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 municipality shall provide written notification
of the violation. 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 municipality from
pursuing any and all remedies. 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.