A.Â
Notice of violation. When the Village's SMO finds that a person
has violated a prohibition or failed to meet a requirement of this
chapter, he/she may order compliance by written notice of violation
to the responsible person. Such notice may require without limitation:
(1)Â
The elimination of illicit connections or discharges;
(2)Â
That violating discharges, practices, or operations shall cease and
desist;
(3)Â
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(4)Â
The performance of monitoring, analyses, and reporting;
(5)Â
Payment of a fine; and
(6)Â
The implementation of source control or treatment BMPs. If abatement
of a violation and/or restoration of affected property is required,
the notice shall set forth a deadline within which such remediation
or restoration must be completed. Said notice shall further advise
that, should the violator fail to remediate or restore within the
established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator.
B.Â
Penalties. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$1,000 or imprisonment for a period not to exceed 15 days, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $1,000 nor more than $1,500 or imprisonment
for a period not to exceed 15 days, or both; and upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $1,500
nor more than $2,000 or imprisonment for a period not to exceed 15
days, or both. Each day, or part thereof, such violation continues
following notification by the Village shall constitute a separate
offense punishable in a like manner.
Any person receiving a notice of violation may appeal the determination
of the SMO to the Board of Trustees of the Incorporated Village of
Huntington Bay within 15 days of its issuance, which shall hear the
appeal within 60 days after the filing of the appeal, and within five
days of making its decision, file its decision in the office of the
Village Clerk and mail a copy of its decision by certified mail to
the discharger.
A.Â
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
within five business days of the decision of the Village authority
upholding the decision of the SMO, then the SMO shall request the
owner's permission for access to the subject private property
to take any and all measures reasonably necessary to abate the violation
and/or restore the property.
B.Â
If refused access to the subject private property, the SMO may seek
a warrant in a court of competent jurisdiction to be authorized to
enter upon the property to determine whether a violation has occurred.
Upon determination that a violation has occurred, the SMO may seek
a court order to take any and all measures reasonably necessary to
abate the violation and/or restore the property. The cost of implementing
and maintaining such measures shall be the sole responsibility of
the discharger. The owner or person in charge or in possession of
the property shall reimburse the Village of all direct and indirect
costs and expenses incurred by the Village within 10 days of receipt
of such demand and invoice. In the event the person fails, refuses
and/or neglects to pay the monies due and owing to the Village, the
amount so charged shall forthwith become a lien against such lands
and shall be added to and become part of the real property taxes next
to be assessed and levied upon such lands, the same to bear interest
at the same rate as taxes, and shall be collected and enforced by
the same officers and in the same manner as real property taxes.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this chapter. If
a person has violated or continues to violate the provisions of this
chapter, the SMO may petition for a preliminary or permanent injunction
restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation
of the violation.
A.Â
Where a person has violated a provision of this chapter, he/she may
be eligible for alternative remedies in lieu of a civil penalty, upon
recommendation of the Village Attorney and concurrence of the Village
Code Enforcement Officer, where:
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this chapter is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
The remedies listed in this chapter are not exclusive of any
other remedies available under any applicable federal, state or local
law, and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.
