Article 959
ENFORCEMENT AND PENALTIES
Sections:
959.04 Suspension and revocation.
959.01 Notification.
A. In the event that a person fails to comply with the requirements of this title, an approved SWM site plan, or fails to conform to the requirements of any permit or approval issued hereunder, the City of Meadville 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).
B. Failure to comply within the time specified shall subject such person to the penalties provisions of this title. All such penalties shall be deemed cumulative and shall not prevent the City of Meadville from pursuing any and all other remedies. It shall be the responsibility of the owner 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 title. (Ord. 3687, 2011)
959.02 Enforcement.
A. The city manager or his designee is hereby authorized and directed to enforce all of the provisions of this title. The approved SWM site plan shall be on file at the project site throughout the duration of the construction activity. The City of Meadville or their designee may make periodic inspections during construction.
B. Adherence to Approved SWM Site Plan.
1. It shall be unlawful for any person, firm, or corporation to undertake any regulated activity on any property except as provided for by an approved SWM site plan and pursuant to the requirements of this title.
2. It shall be unlawful to alter or remove any control structure required by the SWM site plan pursuant to this title.
3. It shall be unlawful to allow a property to remain in a condition that does not conform to an approved SWM site plan. (Ord. 3687, 2011; Ord. 3628 § 1, 2005. Formerly 955.02)
959.03 Public nuisance.
A. A violation of any provision of this title is hereby deemed a public nuisance.
B. Each day that a violation continues shall constitute a separate violation. (Ord. 3687, 2011; Ord. 3628 § 1, 2005. Formerly 955.01)
959.04 Suspension and revocation.
A. Any approval or permit issued by the City of Meadville may be suspended or revoked for:
1. Noncompliance with or failure to implement any provision of the approved SWM site plan or operation and maintenance (O&M) agreement.
2. A violation of any provision of this title or any other applicable law, ordinance, rule or regulation relating to the regulated activity.
3. The creation of any condition or the commission of any act during the regulated activity which constitutes or creates a hazard or nuisance, pollution, or which endangers the life or property of others.
B. A suspended approval or permit may be reinstated by the City of Meadville when:
1. The City of Meadville or their designee has inspected and approved the corrections to the violation(s) that caused the suspension.
2. The City of Meadville is satisfied that the violation(s) has been corrected.
C. An approval that has been revoked by the City of Meadville cannot be reinstated. The applicant may apply for a new approval under the provisions of this title. (Ord. 3687, 2011; Ord. 3628 § 1, 2005. Formerly 955.03)
959.05 Penalties.
A. Anyone violating the provisions of this title, including but not limited to Article 961 MMC, Prohibitions, shall be guilty of a summary offense and upon conviction shall be subject to a fine of not more than $500.00 for each violation, recoverable with costs. Each day that the violation continues shall be a separate offense and penalties shall be cumulative.
B. In addition, the City of Meadville, through its solicitor, may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this title. 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. (Ord. 3687, 2011; Ord. 3628 § 1, 2005. Formerly 955.06)
959.06 Appeals.
A. Any person aggrieved by any action of the City of Meadville or its designee, relevant to the provisions of this title, may appeal to the City of Meadville code of appeals board within 30 days of that action.
B. Any person aggrieved by any decision of the City of Meadville code of appeals board, relevant to the provisions of this title, may appeal to the Crawford County court of common pleas within 30 days of the City of Meadville’s decision. (Ord. 3687, 2011; Ord. 3628 § 1, 2005. Formerly 955.05)