[Amended 12-10-2008 by Ord. No. 323]
This chapter shall be enforced by the Code Enforcement
Officer, by the Township Engineer or by any person or agency designated
by the Board of Supervisors.
A.
The Township Engineer shall have the power to revoke
any earth disturbance permit whenever he finds that the work covered
by the permit has been materially extended or altered without a permit
to do so or that any retaining wall, cribbing, drainage structure,
fence, stormwater management and erosion and sedimentation control
facilities, BMPs or other protective device shown on the approved
plans and specifications have not been maintained in good order and
repair.
B.
Before such revocation, the Township Engineer shall
first give written notice to the certificate permit holder and to
the owner of the property involved specifying the defective condition
and stating that unless the defective condition is remedied satisfactorily,
within a specified time, the earth disturbance permit may be revoked.
If the defective condition is remedied, the permit shall remain in
force.
C.
A permit which has been revoked by the Township cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this chapter.
[Amended 12-10-2008 by Ord. No. 323]
A.
Any person, partnership, corporation or entity who
or which has violated any provision of this chapter shall be subject
to all remedies and enforcement provisions of the Stormwater Management
Act, including, without limitation, 32 P.S. § 680.15, as now
or thereafter amended.
B.
Enforcement as summary offense. In addition to the provisions in Subsection A, for any violation of this chapter regulating building, housing, property maintenance, health, fire, public safety, parking, solicitation, curfew, water, air or noise pollution, by any person, corporation, partnership or entity, enforcement shall be by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, upon being found guilty in an enforcement proceeding, shall be subject to a criminal fine not to exceed $1,000 per violation and imprisonment to the extent allowed by law for the punishment of summary offenses.
C.
For any other violations of this chapter, when the
penalty imposed for the violation of this chapter is not voluntarily
paid to the Township, the Township shall initiate a civil enforcement
proceeding before a District Justice. The civil enforcement proceeding
shall be initiated by complaint or by such other means as may be provided
by the Pennsylvania Rules of Civil Procedure. Any person, corporation,
partnership or entity, upon being found guilty in a civil enforcement
proceeding, shall be subject to a civil penalty not to exceed $600
per violation, including additional daily penalties for continuing
violations, plus court costs and reasonable attorney fees incurred
by the Township in the enforcement proceedings. The Township shall
be exempt from the payment of costs in any civil case brought to enforce
this chapter in accordance with this subsection.
D.
Enforcement in equity. The provisions of this chapter
may also be enforced by the Township through an action in equity brought
in the Court of Common Pleas of Montgomery County.
E.
Separate offenses. A separate offense shall arise
for each day or portion thereof in which a violation is found to exist
or for each section of this chapter which is found to have been violated.
F.
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 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.
Any person aggrieved by any action of the Township
or its designee relevant to the provisions of this chapter may appeal
to the Zoning Hearing Board according to law within 30 days.
