Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of Tusten, NY
Sullivan County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
A. 
The Administrator of the sewer districts shall have the responsibility of enforcing the provisions of this chapter. Where a violation of said provisions is found, the Administrator shall notify the alleged offender by certified mail of the nature of the violation, and prescribe a period of time, not to exceed 30 days, within which the specified violation must be corrected. Such period of time may be extended by the Town Board.
B. 
If the violation is not corrected within the period specified in said notice, the Administrator may take such action as provided in § 229-49 of this article.
Any person who shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, apparatus or equipment which is part of the Town sewer system shall be deemed to have committed an offense against the provisions of this chapter. Any person who commits an offense or permits any offense to be committed against any of the provisions of this chapter shall be deemed to have committed a violation pursuant to the Penal Law of the State of New York, punishable by a fine of not more than $250 or by imprisonment for not exceeding 15 days, or both. A separate violation shall be deemed committed on each day during or on which an offense occurs or continues. A separate penalty may be imposed for each separate violation.
A. 
Any person committing an offense against this chapter shall be subject to a civil penalty enforceable and collectable by the Town in the amount of $50 for each offense.
B. 
In addition to the above penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance or to restrain by injunction an offense against this chapter.
C. 
Where any violation of this chapter causes additional expense to any sewer district, that sewer district shall have a cause of action against the violator to recover such additional cost. The cause of action may be asserted at the discretion of the Administrator and shall be in addition to the fine, imprisonment, penalty, and injunction hereinabove provided, and shall be brought by the attorney for the Town in the name of that sewer district in a court of competent jurisdiction.