ARTICLE IX. ENFORCEMENT AND PENALTIES
Section 901. Right-of-Entry

During construction, duly authorized representatives of Solebury Township may enter at any reasonable times upon any property within the Township investigate' whether construction activity is in compliance with this Ordinance.

Section 902. Notification

In the event that a person fails to comply with the requirements of this Ordinance, or fails to conform to the requirements of any permit issued hereunder, the Township 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 violations(s). Failure to comply within the time specified shall subject such person to the penalty provision of this Ordinance. All such penalties shall be deemed cumulative. In addition the Township may pursue any and all other remedies. It shall be the responsibility of the owner of the real property on which any regulated conditions of this Ordinance.

In the case where the violation poses an immediate threat to the health, safety, and welfare of the community, no notice under this section shall be required.

Section 903. Enforcement

The governing body is hereby authorized and directed to enforce all of the provisions of this Ordinance. All inspections regarding compliance with the stormwater management plan shall be the responsibility of the Township Engineer or other qualified persons designated by the Township as directed by the Board of Supervisors.

A. A set of design plans approved by the Township shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made by the Township or designee during construction.

B. Adherence to approved plan

It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under Section 104 on any property except as provided for in the approved stormwater management plan and pursuant to the requirements of this Ordinance. It shall be unlawful to alter or remove any control structure required by the stormwater management plan pursuant to this Ordinance or to allow the property to remain in a condition which does not conform to the approved stormwater management plan.

C. At the completion of the project, and as a prerequisite for the release of the performance guarantee, the owner or his representatives shall:

1. Provide a certification of completion from a professional engineer verifying that all permanent facilities have been constructed according to the plans and specifications and approved revisions thereto.

2. Provide an electronic copy, one (1) reproducible mylar, and two (2) paper prints of as-built drawings.

D. After receipt of the certification by the Township, a final inspection shall be conducted by the governing body or its designee to certify compliance with this Ordinance.

E. Prior to revocation or suspension of a permit, the governing body will schedule a hearing to discuss the non-compliance if there is no immediate danger to life, public health or property.

F.Suspension and revocation of permits

1. Any permit issued under this Ordinance may be suspended or revoked by the governing body for:

a) Noncompliance with, or failure to, implement any provision of the permit.

b) A violation of any provision of this Ordinance or any other applicable law, Ordinance, rule, or regulation relating to the project.

c) The creation of any condition or the commission of any act during construction or development which constitutes or creates a hazard or nuisance, pollution or which endangers the life or property of others, or as outlined in Article IX of this Ordinance.

2. A suspended permit shall be reinstated by the governing body when:

a) The Township Engineer or his designee has inspected and approved the corrections to the stormwater management and erosion and sediment pollution control measure(s), or the elimination of the hazard or nuisance, and/or;

b) The governing body is satisfied that the violation of the Ordinance, law, or rule and regulation has been corrected.

c) A permit that has been revoked by the governing body cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this Ordinance.

G. Occupancy Permit

An occupancy permit shall not be issued unless the certification of compliance pursuant to Section 803.D has been secured. The occupancy permit shall be required for each lot owner and/or developer for all subdivisions and land developments in the Township.

Section 904. Public Nuisance

A. The violation of any provision of this Ordinance is hereby deemed a public nuisance.

B. Each day that a violation continues shall constitute a separate violation

Section 905. Penalties

Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Ordinance shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $600.00 plus all court costs, including reasonable attorneys fees incurred by the Township as a result thereof. Each day that a violation continues shall constitute a separate violation.

Section 906. Appeals

A. Appeals from the determination of the Township or its designee, or from the determination of the Township engineer in the administration of this Ordinance as it relates to stormwater management of a project not involving a subdivision or land development shall be made to the Board of Supervisors within thirty (30) days of that determination or decision.

B. Appeals from the determination of the Township or its designee, and appeals from the determination of the Township engineer in the administration of this Ordinance insofar as it relates to an application for subdivision or land development shall be made to the Board of Supervisors within thirty (30) days of that determination or decision.

C. Any person aggrieved by a decision of the Board of Supervisors may appeal to the Zoning Hearing Board.

D. Any person aggrieved by an decision of the Zoning Hearing Board or the Board of Supervisors may appeal to the Bucks County Court of Common Pleas within thirty (30) days of the decision of the Zoning Hearing Board or the Board of Supervisors.