Upon presentation of proper credentials, duly authorized representatives of the Borough may enter at reasonable times upon any property within the Borough 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 Borough shall provide written notification of the violation. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of the violation(s). Failure to comply within the time specified shall subject such person to the penalty provision of this chapter. All such penalties shall be deemed cumulative. In addition, the Borough may pursue any and all other 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.
The municipal governing body is hereby authorized and directed to enforce all of the provisions of this chapter. All inspections regarding compliance with the stormwater management site plan shall be the responsibility of the Municipal Engineer or other qualified persons designated by the Borough.
A. 
A set of design plans approved by the Borough shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made by the Borough or designee during construction.
B. 
Adherence to approved plan. It shall be unlawful for any person, firm, or corporation to undertake any activity under § 377-4 on any property except as provided for in the approved stormwater management site plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the stormwater management site plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved stormwater management site plan.
C. 
At the completion of the project, and as a prerequisite for the release of the performance guarantee, the owner or his representative shall:
(1) 
Provide a certification of completion from an engineer, architect, surveyor or other qualified persons verifying that all permanent facilities have been constructed according to the plans and specifications and approved revisions thereto.
(2) 
Provide a set of as-built drawings.
D. 
After receipt of the certification by the Borough, a final inspection shall be conducted by the governing body or its designee to certify compliance with this chapter.
A. 
The violation of any provision of this chapter is hereby deemed a public nuisance.
B. 
Each day that a violation continues shall constitute a separation violation.
A. 
Any person violating the provisions of this chapter shall be guilty of a summary offense and, upon conviction, shall be subject to a fine of not more than $500 for each violation, recoverable with costs. Each day that the violation continues shall be a separate offense, and penalties shall be cumulative.
B. 
In addition, the municipality 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 approval or permit issued by the Borough pursuant to this chapter may be suspended or revoked for:
(1) 
Noncompliance with or failure to implement 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.
B. 
A suspended approval may be reinstated by the Borough when:
(1) 
The Borough has inspected and approved the corrections to the violations that caused the suspension.
(2) 
The Borough is satisfied that the violation has been corrected.
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, 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 aggrieved by any action of the Borough or its designee, relevant to the provisions of this chapter, may appeal to Borough Council within 30 days of that action.
B. 
Any person aggrieved by any decision of Borough Council, relevant to the provisions of this chapter, may appeal to the Carbon County Court of Common Pleas within 30 days of the Borough's decision.