Upon presentation of proper credentials and with the consent of the
landowner, duly authorized representatives of the municipality may
enter at reasonable times upon any property within the municipality
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 3.
In the event that the landowner refuses admission to the property,
duly authorized representatives of the municipality may seek an administrative
search warrant issued by a Magisterial District Judge to gain access
to the property.
Whenever the municipality finds that a person has violated a prohibition
or failed to meet a requirement of this Part 3, the municipality may
order compliance by written notice to the responsible person. Such
notice may require without limitation:
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 municipality or designee and the expense thereof, together
with all related lien and enforcement fees, charges and expenses,
shall be charged to the violator.
Failure to comply within the time specified shall also subject such
person to the penalty provisions of this Part 3. All such penalties
shall be deemed cumulative and shall not prevent the municipality
from pursuing any and all other remedies available in law or equity.
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.
A permit or approval which has been revoked by the municipality cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this Part 3.
Any person, partnership or corporation who or which has violated
the provisions of this Part 3 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 Part 3 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.
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.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the municipality the right
to commence any action for enforcement pursuant to this section.
In addition, the municipality, 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 3. 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 municipality or its
designee relevant to the provisions of this Part 3 may appeal using
the appeal procedures established in the Pennsylvania Municipalities
Planning Code.[1]