The Office of Code Enforcement, the Police Department and/or
the Building Inspector are responsible for enforcement of the provisions
of this chapter and have the authority to issue violations of this
chapter. The Town Attorney shall be responsible for prosecution of
any such violations. In addition to the above-provided fines,[1] the Town Board may authorize an action or proceeding in
the name of the Town in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this
chapter.
Stormwater discharges that are regulated under Articles II and III of this chapter are subject to the following:
A.
Erosion and sediment control inspection. The Office of Code Enforcement
or the Building Inspector may require such inspections as necessary
to determine compliance with this chapter and may either approve that
portion of the work completed or notify the applicant wherein the
work fails to comply with the requirements of this chapter and the
stormwater pollution prevention plan (SWPPP) as approved. To obtain
inspections, the applicant shall notify the Town's Building Inspector
at least 48 hours before any of the following as required by the SMO:
B.
Restoration. Any clearing, excavation or development of land in violation
of this chapter shall be corrected forthwith after written notice
by the Office of Code Enforcement or the Building Inspector. In the
event that corrective action is not taken as directed within a reasonable
time, the Town may, at its own expense, take corrective action to
restore the property or initiate legal action to prevent unlawful
or unauthorized activity. The cost of restoration shall become a lien
upon the property upon which such unlawful activity occurred.
C.
Certificate of occupancy. No certificate of occupancy shall be issued
by the Building Inspector until all work required to be completed
pursuant to the plan has been completed to the satisfaction of the
SMO.
D.
Fines. Any responsible party, owner, occupant, builder, architect,
contractor or their agents, or any other person undertaking clearing,
excavation or development of land in violation of this chapter, or
falsifying information in connection with the requirements of this
chapter, upon conviction, shall be guilty of an offense, punishable
by a fine of not less than $500 and not more than $2,000. Such person
shall be deemed guilty of a separate offense for each day during which
a violation of this chapter is committed or continues.
Violations of Article IV of this chapter are subject to the following:
A.
Notice of violation.
(1)
When the Office of Code Enforcement or Building Inspector finds that any responsible party, owner, occupant, builder, architect, contractor or their agents or any other person has violated a prohibition or failed to meet a requirement of Article IV, Illicit Discharges, he/she may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:
(a)
The elimination of illicit connections or discharges;
(b)
That violating discharges, practices, or operations shall cease
and desist;
(c)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(d)
The performance of monitoring, analyses, and reporting;
(e)
Payment of a fine; and
(f)
The implementation of source control or treatment BMPs.
(2)
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.
Fines. Any responsible party, owner, occupant, builder, architect,
contractor or their agents or any other person undertaking clearing,
excavation or development of land in violation of this chapter, or
falsifying information in connection with the requirements of this
chapter, upon conviction, shall be guilty of an offense, punishable
by a fine of not less than $1,000 and not more than $5,000. Such person
shall be deemed guilty of a separate offense for each day during which
a violation of this chapter is committed or continues.
C.
Corrective measures.
(1)
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, then the Office of Code Enforcement
or the Building Inspector 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.
(2)
If refused access to the subject private property, the Office of
Code Enforcement or, the Building Inspector 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 Office of Code Enforcement or the
Building Inspector 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.
D.
Injunctive relief. 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 Town 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.
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.
