Any person who violates any of the provisions of this chapter shall be subject to the following.
(A) Preventative remedies. The township may institute and maintain an appropriate action by law or in equity to restrain, correct or abate violations; to prevent unlawful drilling; to recover damages; and to prevent illegal occupancy of a building, structure or premises. In addition to these and other remedies, the township may:
(1) Refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or improved in violation of this chapter. This authority to deny such a permit or approval shall apply to any of the following persons:
(a) The owner of record at the time of such violation;
(b) The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation;
(c) The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violations;
(d) The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation; and
(e) An equitable owner who has an agreement to purchase the property from a person falling under one of the previous four categories.
(2) Require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such property as an additional condition for issuance of a well drilling permit.
(B) Enforcement remedies. Any person who has violated the provisions of this chapter, upon being found liable therefor in a civil enforcement proceeding commenced by the township shall pay a judgment of $1,000 per well plus all court costs, including reasonable attorney fees incurred by the township as a result thereof. The township may enforce the judgment pursuant to applicable rules of civil procedure.
(C) Period to comply. Upon discovery of any violation of this chapter, the township may, at its option, forego any prosecution hereunder, and may grant to the owner a period of 30 days to comply with the provisions of this chapter. Upon failure of the owner to effect such compliance, the township may initiate prosecution as hereinabove set forth.
(D) Continuing violation. For the purpose of this chapter, each day of a continuing violation shall be considered a new and additional violation of this chapter.
(E) Only township to take enforcement action. Nothing contained in this section shall be construed or interpreted to grant to any person other than the township the right to commence any enforcement action pursuant to this section.
(Ord. 186, passed 1-9-2008)