Upon presentation of proper credentials, duly authorized representatives of the municipality 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 violation(s) and establish a time limit for 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 shall not prevent the municipality from pursuing any and all remedies. It shall be the responsibility of the applicant 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 drainage plan shall be the responsibility of the Municipal Engineer or other qualified persons designated by the municipality.
A. 
Design plans. A set of design plans approved by the municipality shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made by the municipality or designee during construction.
B. 
Adherence to approved plan. It shall be unlawful for any person, firm or corporation to undertake any regulated activity under § 179-4 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved drainage plan.
C. 
Hearing. Prior to revocation or suspension of a permit and at the request of the applicant, the governing, body will give notice to the applicant and will schedule a hearing to discuss the applicant's noncompliance, unless there is immediate danger to life, public health or property. Such hearing shall be held before the governing body in accordance with the Pennsylvania Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 105, 551 et seq. and 751 et seq.
D. 
Suspension and revocation of permits.
(1) 
Any permit issued by the municipality may be suspended or revoked for any of the following reasons:
(a) 
Noncompliance with or failure to implement any provision of the permit.
(b) 
A violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the project.
(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, or as outlined in Article IX of this chapter.[2]
[2]
Editor's Note: There is no Article IX in this chapter.
(2) 
A suspended permit shall be reinstated by the governing body when:
(a) 
The Municipal Engineer or his municipal designee has inspected and approved the corrections to the stormwater management and erosion and sediment pollution control measure(s), or the elimination of the hazard or nuisance; and/or
(b) 
The governing body is satisfied that the violation of the ordinance, law, or rule and regulation has been corrected.
(3) 
A permit that has been revoked cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.
E. 
Occupancy permit. An occupancy permit shall not be issued unless the certification of completion pursuant to § 179-29 has been approved by the municipality. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land development in the municipality.
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 separate violation.
A. 
Anyone violating the provisions of this chapter shall be subject to a civil penalty of not more than $500 for each violation, recoverable with costs and reasonable counsel fees. Each day that the violation continues shall be a separate offense.
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 person aggrieved by any action of the municipal designee or Engineer may appeal to the governing body within 30 days of that action.
B. 
Any person aggrieved by any decision of Borough Council hereunder may appeal to the County Court of Common Pleas in the county within 30 days of the municipal decision.