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When an imminent health hazard exists due to failure of a property owner to maintain, repair, or replace a sewage system as provided under the terms of this Part 1K, the Township shall have the authority to perform, or contract to have performed, the work required to abate the health hazard, pollution, or nuisance. The owner shall be charged for the work performed, and, if necessary, a lien shall be entered therefore in accordance with law. The Township reserves the right to pursue all other lawful remedies.
(Ord. 2005-05, 10/10/2005, § 7)
1. All septage originating within the Township shall be disposed of at sites or facilities approved by the Pennsylvania Department of Environmental Protection for the acceptance of septage.
2. Only pumpers/haulers licensed to operate within York County shall be utilized.
(Ord. 2005-05, 10/10/2005, § 8)
1. The Township shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this Part 1K.
2. The Township shall employ qualified individuals to carry out the provisions of this Part 1K. Those employees may include a Sewage Enforcement Officer, a Codes Enforcement Officer, a secretary, an administrator, or other persons as required. The Township may also contract with other private qualified persons or firms as necessary to carry out the provisions of this Part 1K.
3. All permits, records, reports, files and other written material relating to the installation, operation, maintenance, and malfunction of a sewage system in the Township shall become the property of the Township. Existing and future records shall be available for public inspection during normal business hours at the official Township office. All records pertaining to sewage permits, building permits, occupancy permits, and all other aspects of the Township's sewage management program shall be made available, upon request. A fee for copying may be charged.
4. All reports, inspections, appraisals, certification or records required or produced by the Township, its officials, employees or agents, as required by this Part 1K, shall be for the use and benefit of the Township only and shall not be accepted, utilized or relied upon by any other person or party by way of certification or otherwise.
5. The Township may establish all administrative procedures necessary to properly carry out the provisions of this Part 1K.
6. The Township may establish a fee schedule and subsequently collect fees to cover the cost of administering the on-lot maintenance program. The fee schedule shall be adopted by resolution.
7. The discharge by the Township of its obligations as set forth in this Part 1K shall create no liability upon the Township, its officials, employees or agents.
(Ord. 2005-05, 10/10/2005, § 9)
1. Appeals from decisions made under this Part 1K shall be made to the Board in writing within 15 days from the date of the authorized agent's decision in question.
2. The appellant shall be entitled to a hearing before the Board at its next regularly scheduled meeting, if the appeal is received at least 14 days prior to that meeting. If the appeal is received within 14 days of the next regularly scheduled meeting, the appeal shall be heard at the subsequent meeting. The Township shall thereafter affirm, modify, or reverse the aforesaid decision. The hearing may be postponed for a good cause shown by the appellant or the Township.
3. The Local Agency Law shall govern the procedures for an appeal.
(Ord. 2005-05, 10/10/2005, § 10)
Any person who shall violate or fail to comply with any provision of this Part1K shall, upon conviction thereof by a summary proceeding action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, be sentenced to pay a fine of not less than $100, nor more than $1,000, plus all court costs, or imprisonment for the failure to pay a fine pursuant to the Pennsylvania Rules of Criminal Procedure. Each day's continuance of a violation of this Part 1K shall constitute a separate offense.
(Ord. 2005-05, 10/10/2005, § 11)
The provisions of this Part 1K, so far as they are the same as those of ordinances in force immediately prior to the enactment of this Part 1K, are intended as a continuation of such ordinances and not as new enactments. Provisions of this Part 1K shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under the authority of any ordinance.
(Ord. 2005-05, 10/10/2005, § 12)
Part 2
Public Wellhead Protection Areas
Public Wellhead Protection Areas
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