A.
Upon presentation of proper credentials and with the
consent of the landowner, duly authorized representatives of the City
may enter at reasonable times upon any property within the City 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
chapter.
B.
In the event that the landowner refuses admission
to the property, duly authorized representatives of the City may seek
an administrative search warrant issued by a Magisterial District
Judge to gain access to the property.
A.
Whenever the City finds that a person has violated
a prohibition or failed to meet a requirement of this chapter, the
City may order compliance by written notice to the responsible person.
Such notice may require without limitation:
(1)
The name of the owner of record and any other person
against whom the City intends to take action.
(2)
The location of the property in violation.
(3)
The performance of monitoring, analyses and reporting.
(4)
The elimination of prohibited connections or discharges.
(5)
Cessation of any violating discharges, practices or
operations.
(6)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property.
(7)
Payment of a fine to cover administrative and remediation
costs.
(8)
The implementation of stormwater BMPs.
(9)
Operation and maintenance of stormwater BMPs.
B.
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 City or designee and the expense thereof, together
with all related lien and enforcement fees, charges and expenses,
shall be charged to the violator.
C.
Failure to comply within the time specified shall
also subject such person to the penalty provisions of this chapter.
All such penalties shall be deemed cumulative and shall not prevent
the City from pursuing any and all other remedies available in law
or equity.
A.
Any building, land development or other permit or
approval issued by the City may be suspended or revoked by the City
for:
(1)
Noncompliance with or failure to implement any provision
of the permit.
(2)
A violation of any provision of this chapter.
(3)
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.
B.
A suspended permit or approval shall be reinstated
by the City when:
(1)
The City or designee has inspected and approved the
corrections to the stormwater BMPs or the elimination of the hazard
or nuisance.
(2)
The City is satisfied that the violation of the ordinance,
law or rule and regulation has been corrected.
(3)
Payment of all municipal fees, costs and expenses
related to or arising from the violation has been made.
C.
A permit or approval which has been revoked by the
City cannot be reinstated. The applicant may apply for a new permit
under the procedures outlined in this chapter.
A.
Any person, partnership or corporation who or which
has violated the provisions of this chapter shall, upon being found
liable therefor in a civil enforcement proceeding commenced by the
City, pay a judgment of not more than $500 plus all court costs, including
reasonable attorney's fees incurred by the City 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 City 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 chapter
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.
B.
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.
C.
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.
D.
Magisterial District Judges shall have initial jurisdiction
in proceedings brought under this section.
E.
In addition, the City, 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 City
or its designee relevant to the provisions of this chapter may appeal
using the appeal procedures established in the Pennsylvania Municipalities
Planning Code, as enacted and amended.
