(A) Enforcement remedies.
(1) Any person, who has violated or knowingly permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the borough, pay a fine of not less than $50 and not more than $500 plus court costs, including reasonable attorney fees incurred by the borough. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the district justice.
(2) If the defendant neither pays nor timely appeals the judgment, the borough may enforce the judgment pursuant to applicable rules of civil procedure.
(3) Each day that a violation continues shall constitute a separate violation unless the district justice further determines that there was a good faith basis for the person violating this chapter to have believed that there was no such violation. In such case there shall be deemed to have been only one such violation until the fifth day following the date of the district justice’s determination of a violation; thereafter, each day that a violation continues shall constitute a separate violation.
(4) All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the borough.
(5) The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
(6) Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the borough the right to commence any action for enforcement pursuant to this section.
(B) Additional remedies. In addition to the above remedies, the borough may also seek remedies and penalties under applicable state statutes or regulations adopted pursuant thereto including, but not limited to, the Stormwater Management Act (32 P.S. §§ 693.1 through 693.27) and the Erosion and Sedimentation Regulations (25 Pa. Code Chapter 102). Any activity conducted in violation of this chapter or any state-approved watershed stormwater management plan may be declared a public nuisance by the borough and abatable as such.
(Ord. 980, passed 3-16-1993; Ord. 991, passed 2-21-1995)