1. Notices.
A. Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this Part, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:
(1) Be in writing;
(2) Include a statement of the reasons for its issuance;
(3) Allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires;
(4) Be served upon the property owner or his agent as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this State;
(5) Contain an outline of remedial actions which, if taken, will effect compliance with the provisions of this Part.
B. Hearings. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Part, or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter pursuant to §909.1 of the Municipalities Planning Code, 53 P.S. §10909.1.
2. Penalties. Any person who fails to comply with any or all of the requirements or provisions of this Part or who fails or refuses to comply with any notice, order of direction of the Floodplain Administrator or any other authorized employee of the Township for a violation of any provision of this Part, enforcement shall be brought before a magisterial district judge in the same manner provided for the enforcement of summary offenses, or to a term of imprisonment for the failure to pay a fine pursuant to the Pennsylvania Rules of Criminal Procedure. Upon conviction thereof, a violator shall be subject to a criminal fine not to exceed $1000 per violation plus costs, to a term of imprisonment to the extent allowed by law of the punishment of summary offenses, or to a term of imprisonment for the failure to pay a fine pursuant to the Pennsylvania Rules of Criminal Procedures. A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this Part or other ordinance which is found to have been violated. In addition to the above penalties all other actions are hereby reserved including an action in equity for the proper enforcement of this Part. The imposition of a fine or penalty for any violation of, or noncompliance with this Part shall not excuse the violation or noncompliance or permit it to continue. All such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this Part may be declared by the Board of Supervisors to be a public nuisance and abatable as such.
(Ord. 2015-07, 11/23/2015)