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(A) The Township Ordinance Enforcement Officer (OEO) and any other duly authorized agent shall have the power and duty to enforce the provisions of this chapter.
(B) The township may issue such orders as are necessary to aid in the enforcement of the provisions of this chapter. These orders shall include, but shall not be limited to, orders requiring persons to cease unlawful open burning which, in the course of its occurrence, is in violation of any provision of this chapter; orders to take corrective action or to abate a public nuisance; orders requiring the testing, sampling or monitoring of any open burning; or orders requiring production of information. Such an order may be issued if the Township OEO finds that any condition existing in or on the facility or source involved is causing or contributing to open burning or if the Township OEO finds that any person is in violation of any provision of this chapter.
(C) The township may, in its order, require compliance with such conditions as are necessary to prevent or abate open burning or affect the purposes of this chapter.
(D) An order issued under this section shall take effect upon notice unless the order specifies otherwise. An appeal to the Board of Supervisors of the township shall not act as a supersede; provided, however, that, upon application and for cause shown, the Board of Supervisors may issue such a supersede as under rules established by the Board of Supervisors.
(E) The authority of the township to issue an order under this section is in addition to any remedy or penalty which may be imposed pursuant to this chapter. Failure to comply with any such order is hereby declared to be a public nuisance.
(1987 Code, § 42-6) (Ord. 7-2001, passed 9-5-2001)
(A) Whenever the Ordinance Enforcement Officer finds open burning is occurring in the township, other than those exceptions noted in § 90.05, the Ordinance Enforcement Officer may order the owner or operator to take corrective action in a manner satisfactory to the township, or the Ordinance Enforcement Officer may order the owner or operator to allow access to the land by the Ordinance Enforcement Officer or a third party to take such action.
(B) For the purpose of collecting or recovering the costs involved in taking corrective action or pursuing a cost recovery action pursuant to an order or recovering the cost of litigation, oversight, monitoring, sampling, testing and investigation related to a corrective action, the township may collect the amount in the same manner as civil penalties are assessed and collected following the process for assessment and collection of a civil penalty contained in § 90.99(B).
(1987 Code, § 42-7) (Ord. 7-2001, passed 9-5-2001)
It shall be unlawful to fail to comply with or to cause or assist in the violation of any of the provisions of this chapter or fail to comply with any order or other requirement of the township; or to cause a public nuisance; or to cause air, soil or water pollution resulting from an open burning incident; or to hinder, obstruct, prevent or interfere with the township or its personnel in the performance of any duty hereunder, including denying the Ordinance Enforcement Officer or other authorized personnel access to the source of facility; or to violate the provisions of 18 Pa.C.S. § 4903 (relating to false swearing) or 18 Pa.C.S. § 4904 (related to unsworn falsification to authorities) in regard to papers required to be submitted under this chapter. The owner or operator of an open burning source shall not allow pollution of the air, water or other natural resources of the township to result from the source.
(1987 Code, § 42-10) (Ord. 7-2001, passed 9-5-2001) Penalty, see § 90.99
A violation of this chapter or any other order issued by the township under this chapter shall constitute a public nuisance. The township shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the township may recover the expenses of the abatement following the process for assessment and collection of a civil penalty contained in § 90.99. Whenever the nuisance is maintained or continued contrary to this chapter or any order issued pursuant to this chapter, the nuisance may be abatable in the manner provided by this chapter. Any person who causes a public nuisance shall be liable for the cost of the abatement.
(1987 Code, § 42-11) (Ord. 7-2001, passed 9-5-2001)
(A) Criminal penalties. Any person who violates any provision of this chapter or any order of the township issued pursuant to this chapter commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $500 for each separate offense and, in default of the payment of such fine, may be sentenced to imprisonment for 90 days for each separate offense. Employees of the township authorized to conduct inspections or investigations are hereby declared to be law enforcement officers authorized to issue or file citations for summary violations under this chapter, and the Township Board of Supervisors are hereby authorized to prosecute these offenses. For purposes of this section, a summary offense may be prosecuted before any District Justice in this township. There is no accelerated rehabilitative disposition authorized for a summary offense.
(1987 Code, § 42-8)
(B) Civil penalties.
(1) When the township proposes to assess a civil penalty, it shall inform the person of the proposed amount of the penalty. The person charged with the penalty shall then have 30 days to pay the proposed penalty in full; or if the person wishes to contest the amount of the penalty or the fact of the violation to the extent not already established, the person shall forward the proposed amount of the penalty to the Board of Supervisors within the 30-day period for placement in an escrow account with the State Treasurer or any other commonwealth bank or post an appeal bond to the Board of Supervisors within 30 days in the amount of the proposed penalty, provided that such bond is executed by a surety licensed to do business in the commonwealth and is satisfactory to the township. If, through administrative or final judicial review of the proposed penalty, it is determined that no violation occurred or that the amount of penalty shall be reduced, the Board of Supervisors shall, within 30 days, remit the appropriate amount to the person with any interest accumulated by the escrow deposit. Failure to forward the money or the appeal bond at the time of the appeal shall result in a waiver of all legal rights to contest the violation or the amount of the civil penalty unless the appellant alleges financial inability to repay the penalty or to post the appeal bond. The Board of Supervisors shall conduct a hearing to consider the appellant’s alleged inability to pay within 30 days of the date of the appeal. The Board of Supervisors may waive the requirement to prepay the civil penalty or to post an appeal bond if the appellant demonstrates and the Board of Supervisors finds that the appellant is financially unable to pay. The Board of Supervisors shall issue an order within 30 days of the hearing to consider the appellant’s alleged inability to pay.
(2) The amount assessed after the administrative hearing or after waiver of the administrative hearing shall be payable to the township and shall be collectable in any manner provided by law for the collection of debts, including the collection of interest on the penalty amount computed in accordance with § 9921(a)(2) of the Internal Revenue Code of 1986 (filing of a notice of lien under this section).
(1987 Code, § 42-9)
(Ord. 7-2001, passed 9-5-2001)