A. 
This chapter shall be enforced by the Superintendent and/or the Code Enforcement Officer of the Town of Greenport or their authorized representative, agent or employee.
B. 
Whenever it is determined that there has been a violation of any provision of this chapter, a violation notice and/or order to cease and desist may be issued to any person not complying with prohibitions, limits, requirements or provisions of this chapter.
C. 
Violation notices/orders to cease and desist shall be in writing and shall identify the property or premises and shall specify the violation or remedial action to be taken and shall provide that said violation must be corrected within 10 days from the receipt of said violation notice unless said ten-day period shall be modified in writing in the discretion of the Superintendent, Code Enforcement Officer or their representative, issuing such violation notice.
D. 
Failure of the property owner to remove or correct a violation issued under this chapter by the end of the time interval specified in the violation notice and/or order to cease and desist shall constitute an offense punishable by a civil penalty in the amount of $500 per day, in addition to and not in lieu of any other penalty or fine set forth in this chapter. Each day that such violation continues shall constitute a separate violation and is subject to a separate fine. The charge(s) will accumulate on a monthly basis and will be surcharged on the property owner's water usage bill for each billing cycle in which violations were noticed and went uncorrected by the property owner. Any unpaid penalties shall accrue interest and act as a lien on the property in accordance with § 118-7.1. Notwithstanding the foregoing, the Water Superintendent shall have the discretion to reduce or waive any civil penalties.
[Amended 6-2-2021 by L.L. No. 2-2021]
E. 
Any person aggrieved by the action of the Superintendent in imposing a surcharge as provided in § 118-23D of this chapter shall have the right to appeal to the Town Board. Such appeal shall be taken by filing with the Town Board, within 14 days of the surcharge being applied, a written statement fully setting forth the grounds for the appeal. The Town Board shall, within 45 days of receipt of such appeal, schedule a hearing. Notice of such hearing shall be mailed to the appellant at his or her last known address at least five days prior to the date of the scheduled hearing. The decision and order of the Town Board on such appeal shall be final and conclusive, and any person aggrieved by such decision may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York.
F. 
Violation notices and other orders or notices referred to in these regulations shall be served on the property or premises owner or the owner's executors, legal representatives, agents, lessees, or any tenant or other person occupying the premises or other person having a vested or contingent interest in the premises, either personally or by certified mail, addressed to the last known address, or by facsimile, if any, to the owner or one of the owner's executors, legal representatives, agents, lessees, or other person having a vested or contingent interest in same, as shown by the last preceding completed record of the Receiver of Taxes or in the office of the Columbia County Clerk.
G. 
When necessary, the Superintendent and/or Town Enforcement Officer or their authorized representative, agent or employee shall have the authority, pursuant to the Criminal Procedure Law, to issue an appearance ticket, directing a designated person to appear in court at a designated time in connection with the commission of a violation of the provisions of this chapter.
H. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection H, providing specific penalties for violation of this chapter, was repealed 6-2-2021 by L.L. No. 2-2021.
I. 
In the event that a property owner or user fails or refuses to correct a violation under this chapter, the Town may commence a civil action, request injunctive relief against the violation, and seek money damages to compensate the Town for the costs it has and will incur because of the violation including reasonable attorney's fees expended by the Town.
J. 
The Town Attorney may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with this chapter, notwithstanding the previous provisions of this section, for a penalty or other punishment.
K. 
Whenever an alleged violation of the Town's rules and regulations occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Superintendent who shall properly record such complaint and immediately investigate and report thereon. All such complaints shall be signed by and bear the address of the complainant.
L. 
The application of the above penalties, remedies, or the prosecution for a violation of the provisions of this chapter shall be cumulative and shall not prevent the revocation of any permit issued pursuant thereto, the enforced removal of the conditions prohibited by this chapter, or the disconnection of a property to the water supply pursuant to this chapter.