§ 275-903. Violations and penalties; remedies.

A. 

It shall be a violation of this chapter to commit or permit any other person to commit any of the following acts:

(1) 

To commence regulated activities prior to obtaining unconditional approval of a SWM site plan or in violation of the terms or conditions of a SWM site plan approved under this chapter.

(2) 

To install, repair, modify or alter SWM facilities prior to obtaining approvals under this chapter, or in a manner which violates the terms and conditions of any approval issued under this chapter.

(3) 

To misuse or fail to maintain any SWM facility installed upon a property.

(4) 

To construct any improvements upon, grade, fill or take any other action which will impair the proper functioning of any SWM facility.

(5) 

To place false information on, or omit relevant information from an application for approval under this chapter.

(6) 

To fail to comply with any other provisions of this chapter.

B. 

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. In accordance with Section 3321(6) of the Borough Code, any person found guilty of violating this chapter may be assessed reasonable attorneys' fees incurred by the Borough in the enforcement proceeding. Each day or portion thereof in 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.

Editor's Note: See 53 P.S. § 48321(6).

C. 

The Borough may also institute suits to restrain, prevent, or abate a violation of this chapter in equity or at law. Such proceedings in equity or at law may be initiated before any court of competent jurisdiction. In cases of emergency where, in the opinion of the court, the circumstances of the case require immediate abatement of the unlawful conduct, the court may, in its decree, fix a reasonable time during which the person responsible for the unlawful conduct shall correct or abate the same. The expense of such proceedings shall be recoverable from the violator in such manner as may now or hereafter be provided by law. In accordance with Section 3321(6) of the Borough Code, any person found guilty of violating this chapter may be assessed reasonable attorneys' fees incurred by the Borough in the enforcement proceeding.

Editor's Note: See 53 P.S. § 48321(6).

D. 

Borough Council may also take actions relating to suspension or revocation of permits set forth in § 275-902.

E. 

Borough Council may, by resolution, appoint a code enforcement officer to enforce this chapter and may authorize such code enforcement officer to institute summary criminal proceedings without prior action by Borough Council.