Article 9
Enforcement and Penalties
§11A-901 Right of Entry.
Upon presentation of proper credentials, duly authorized representatives of the Borough may enter at reasonable times upon any property within the Borough to investigate, inspect or ascertain the condition of the subject property regarding any aspect regulated by this Chapter.
(Ord. 2022-3, 9/12/2022, §1)
§11A-902 Notification.
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 may provide written notification of the violation. The Borough shall not be required to issue a notice of violation if the enforcement officer determines that the person is aware of the violation, such notice would be cumulative or repeat previously issued notices, cannot be timely served, or will serve no useful purpose. 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 preclude the Borough from pursuing any and all remedies.
(Ord. 2022-3, 9/12/2022, §1)
§11A-903 Enforcement.
Borough Council is hereby authorized and directed to enforce all provisions of this Chapter.
A. It shall be unlawful for any person, firm or corporation to undertake any regulated activity except as provided for in an approved SWM site plan and pursuant to the requirements of this Chapter unless specifically exempted in §11A-402 of this Chapter. It shall be unlawful to alter or remove any control structure required by the SWM site plan pursuant to this Chapter or to allow the property to remain in a condition which does not conform to the approved SWM site plan.
B. Suspension and Revocation of Permits.
(1) A permit may be suspended or revoked by Borough Council for:
(a) Noncompliance with or failure to implement any provision of an approved SWM site plan or O&M agreement.
(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.
(2) A suspended permit shall be reinstated by the Borough Council when:
(a) The Borough Engineer has inspected and approved the corrections to the stormwater management and erosion and sediment pollution control measure(s) that caused the suspension, or the elimination of the hazard or nuisance; and/or
(b) Borough Council is satisfied that the violation of the ordinance, law, or rule and regulation has been corrected.
(3) 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.
(4) A permit that has been revoked by Borough Council cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this Chapter.
C. It shall be unlawful to violate any provision of the Chapter including, but not limited to, §11A-803 of this Chapter.
D. Borough Council may appoint an enforcement officer to enforce this Chapter.
(Ord. 2022-3, 9/12/2022, §1)
§11A-904 Public Nuisance.
The violation of any provision of this Chapter is hereby deemed a public nuisance.
(Ord. 2022-3, 9/12/2022, §1)
§11A-905 Penalties.
1. For each violation of the provisions of this Chapter, the owner, agent, lessee, or contractor or any other person who commits, takes part in, or assists in any such violation shall be liable, upon conviction thereof in a summary proceeding, to pay a fine of not less than $200 nor more than $1,000 for each offense, together with the costs of prosecution. Each day or portion thereof on which a violation exists shall be considered a separate violation of this Chapter, and each section of this Chapter which is violated shall be considered a separate violation.
2. In addition, the Borough, through its Solicitor, may institute 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, and may impose penalties, including daily penalties for continuing violations, court costs, and reasonable attorney’s fees.
(Ord. 2022-3, 9/12/2022, §1)
§11A-906 Appeals.
1. 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.
2. Any person aggrieved by any decision of Borough Council, relevant to the provisions of this Chapter, may appeal to the Lebanon County Court of Common Pleas within 30 days of Council’s decision.
(Ord. 2022-3, 9/12/2022, §1)