Stockertown

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CODE | NEW LAWS | LAW INDEX

§ 205-39 Right of entry.

A.

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 chapter.

B.

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 district justice to gain access to the property.

§ 205-40 Notification.

A.

Whenever the municipality finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the municipality 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 municipality 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 municipality 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 municipality from pursuing any and all other remedies available in law or equity.

§ 205-41 Public nuisance.

A.

The violation of any provision of this chapter is hereby deemed a public nuisance.

B.

Each day that an offense continues shall constitute a separate violation.

§ 205-42 Suspension and revocation of permits and approvals.

A.

Any building, land development or other permit or approval issued by the municipality may be suspended or revoked by the municipality 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 municipality when:

(1)

The municipality or designee has inspected and approved the corrections to the stormwater BMPs or the elimination of the hazard or nuisance.

(2)

The municipality is satisfied that the violation of this chapter, 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 municipality cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.

§ 205-43 Violations and penalties.

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 municipality, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' 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 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 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 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.

§ 205-44 Appeals.

Any person aggrieved by any action of the municipality or its designee relevant to the provisions of this chapter may appeal using the appeal procedures established in the Pennsylvania Municipalities Planning Code.

Editor's Note: See 53 P.S. § 10101 et seq.

 

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