1043.994     NOTIFICATION

(a)     In the event that a person fails to comply with the requirements of this chapter, an approved SWM site plan, or fails to conform to the requirements of any permit or approval issued hereunder, the Municipality shall provide written notification of the violation.  Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s).

(b)     Failure to comply within the time specified shall subject such person to the penalties provision of this chapter.  All such penalties shall be deemed cumulative and shall not prevent the Municipality from pursuing any and all other remedies.  It shall be the responsibility of the owner of the real property on which any regulated activity is proposed to occur, is occurring, or has occurred, to comply with the terms and conditions of this chapter.

1043.995     ENFORCEMENT

(a)     Adherence to Approved SWM Site Plan

(a)(1)     It shall be unlawful for any person, firm, or corporation to undertake any regulated activity on any property except as provided for by an approved SWM site plan and pursuant to the requirements of this chapter.

(a)(2)     It shall be unlawful to alter or remove any control structure required by the SWM site plan pursuant to this chapter.

(a)(3)     It shall be unlawful to allow a property to remain in a condition that does not conform to an approved SWM site plan.

1043.996     PUBLIC NUISANCE

(a)     A violation of any provision of this chapter is hereby deemed a public nuisance.

(b)     Each day that a violation continues shall constitute a separate violation.


(a)     Any approval of permit issued by the Municipality may be suspended or revoked for:

(a)(1)     Non-compliance with or failure to implement any provision of the approved SWM site plan or operation and maintenance (O&M) agreement.

(a)(2)     A violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the regulated activity.

(a)(3)     The creation of any condition, or the commission of any act, during the regulated activity which constitutes or creates a hazard or nuisance, pollution, or which endangers the life or property of others.

(b)     A suspended approval or permit may be reinstated by the Municipality when:

(b)(1)     The Municipality or their designee has inspected and approved the corrections to the violation(s) that caused the suspension.

(b)(2)     The Municipality is satisfied that the violation(s) has been corrected.

(c)     An approval that has been revoked by the Municipality cannot be reinstated.  The applicant may apply for a new approval under the provisions of this chapter.

1043.998     APPEALS

(a)     Any person aggrieved by any action of the Municipality or its designee, relevant to the provisions of this chapter, may appeal to the Municipality within 30 days of that action.

(b)     Any person aggrieved by any decision of the Municipality, relevant to the provisions of this chapter, may appeal to the Erie County Court of Common Pleas within 30 days of the Municipality’s decision.

1043.999     PENALTY

(a)     Anyone violating the provisions of this chapter shall be guilty of a summary offense, and upon conviction shall be subject to a fine of not more than $500 for each violation, recoverable with costs.  Each day that the violation continues shall be a separate offense and penalties shall be cumulative.

(b)     In addition, the Municipality may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter.  Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief.