[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2007-03, 7/12/2007; and by Ord. No. 2022-03, 10/25/2022]
1. 
Upon presentation of proper credentials and with the consent of the landowner, 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 Part.
2. 
In the event that the landowner 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.
[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2005-05, 3/22/2005; by Ord. No. 2007-03, 7/12/2007; and by Ord. No. 2022-03, 10/25/2022]
1. 
Whenever the Township finds that a person has violated a prohibition or failed to meet a requirement of this Part, the Township may order compliance by written notice to the responsible person. Such notice may require without limitation:
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 BMPs.
G. 
Operation and maintenance of stormwater BMPs.
2. 
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 designee and the expense thereof, together with all related lien and enforcement fees, charges and expenses, 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 Part. 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.
[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2007-03, 7/12/2007; and by Ord. No. 2022-03, 10/25/2022]
1. 
Any person, firm or corporation who shall violate any provision of this Part, 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 sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
2. 
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.
3. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than Allen Township the right to commence any action for enforcement pursuant to this section.
4. 
Magisterial District Judges shall have initial jurisdiction in proceedings brought under this section.
5. 
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 Part. 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.
[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2005-06, 3/22/2005; and by Ord. No. 2022-03, 10/25/2022]
Any person aggrieved by any action of the Township or its designee relevant to the provisions of this Part may appeal using the appeal procedures established in the Pennsylvania Municipalities Planning Code.
[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2007-03, 7/12/2007; and by Ord. No. 2022-03, 10/25/2022]
1. 
The violation of any provision of this Part is hereby deemed a nuisance.
2. 
Each day that an offense continues shall constitute a separate violation.
[Ord. No. 98-3, 2/25/1998; as amended by Ord. No. 2007-03, 7/12/2007; and by Ord. No. 2022-03, 10/25/2022]
1. 
Any building, land development or other permit or approval issued by the Township shall be suspended or revoked for:
A. 
Noncompliance with or failure to implement any provision of the permit.
B. 
A violation of any provision of this Part.
C. 
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.
2. 
A suspended permit or approval shall be reinstated by the Township when:
A. 
The Township or its designee has inspected and approved the corrections to the stormwater management facilities or the elimination of the hazard or nuisance.
B. 
The Township is satisfied that the violation of the ordinance, law or rule and regulation has been corrected.
C. 
Payment of all Township fees, costs and expenses related to or arising from the violation has been made.
3. 
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 Part.