A.
General. The Code Enforcement Officer is hereby authorized and directed
to administer and enforce the provisions of this chapter that is assigned
to such officer by the KWIC Policy and Procedures Manual.
B.
Powers and duties. The Code Enforcement Officer shall have the powers
and duties assigned to him or her to administer and enforce the provisions
of this chapter as prescribed in the Code of the Town and the KWIC
Policies and Procedures Manual.
C.
Approved agencies.
(1)
The Code Enforcement Officer shall have the authority to accept reports
of application reviews, tests or inspections conducted by approved
agencies that document compliance with this chapter and any other
applicable law. Such reports shall be in writing and be certified
by a responsible officer of such approved agency or by the responsible
individual. The Code Enforcement Officer is authorized to engage such
expert opinion as deemed necessary to document compliance with this
chapter or any other applicable law.
(2)
Report of findings. Upon completion of the inspection, the approved
agency shall document all procedures and furnish the Code Enforcement
Officer with a report of findings.
D.
Technical assistance. To determine the acceptability of technologies,
processes, products, facilities, materials and uses attending the
design, operation or use of an OWTS or OWTS subject to inspection,
the Code Enforcement Officer is authorized to require the owner or
agent to provide, without charge to the Town, a technical opinion
and report. The opinion and report shall be prepared by a registered
design professional, qualified laboratory or other approved agency
that shall analyze the design, operation or use of an OWTS and appurtenances
situated thereon, and to recommend necessary changes. The Code Enforcement
Officer is authorized to require design submittals to be prepared
by, and bear the signature and stamp of a registered design professional.
E.
Identification. The Code Enforcement Officer shall carry proper identification
when inspecting OWTS in the performance of his or her duties as prescribed
by this chapter.
F.
Right of entry. Whenever it is necessary to make an inspection to
enforce the provisions of this chapter, or whenever the Code Enforcement
Officer has reasonable cause to believe that there exists an OWTS
that has conditions or violations of this chapter or any other applicable
law which make such system unsafe, dangerous or hazardous, such officer
shall have the authority to enter the lot of record at all reasonable
times to inspect or to perform the duties imposed upon such officer
by this chapter. If such lot of record is occupied, the Code Enforcement
Officer shall present credentials to the occupant and request permission
to inspect the OWTS. If such lot is unoccupied, the Code Enforcement
Officer shall first make a reasonable effort to locate the owner or
other person having charge or control of the lot of record and request
entry. If entry is not granted, the Code Enforcement Officer has recourse
to every remedy provided by law to secure entry.
G.
Records. The Code Enforcement Officer shall keep official records
of applications received, permits and certificates issued, fees collected,
reports of inspections, complaints received, and notices and orders
issued. Such records shall be retained in the official records for
the period required for retention of public records.
A.
The Watershed Manager is hereby authorized and directed to administer
and enforce the provisions of this chapter that is assigned to such
manager by the KWIC Policy and Procedures Manual.
B.
Powers and duties. The Watershed Manager shall have the powers and
duties assigned to him or her to administer and enforce the provisions
of this chapter as prescribed in the KWIC Policies and Procedures
Manual.
C.
Approved agencies.
(1)
The Watershed Manager shall have the authority to accept reports
of application reviews, tests or inspections conducted by approved
agencies that document compliance with this chapter and any other
applicable law. Such reports shall be in writing and be certified
by a responsible officer of such approved agency or by the responsible
individual. The Watershed Manager is authorized to engage such expert
opinion as deemed necessary to document compliance with this chapter
or any other applicable law.
(2)
Report of findings. Upon completion of the inspection, the approved
agency shall document all procedures and furnish the Watershed Manager
with a report of findings.
D.
Technical assistance. To determine the acceptability of technologies,
processes, products, facilities, materials and uses attending the
design, operation or use of an OWTS or OWTS subject to inspection,
the Watershed Manager is authorized to require the owner or agent
to provide, without charge to the Town, a technical opinion and report.
The opinion and report shall be prepared by a registered design professional,
qualified laboratory or other approved agency that shall analyze the
design, operation or use of an OWTS and appurtenances situated thereon,
and to recommend necessary changes. The Watershed Manager is authorized
to require design submittals to be prepared by, and bear the signature
and stamp of a registered design professional.
E.
Identification. The Watershed Manager shall carry proper identification
when inspecting OWTS in the performance of his or her duties as prescribed
by this chapter.
F.
Right of entry. Whenever it is necessary to make an inspection to
enforce the provisions of this chapter, or whenever the Watershed
Manager has reasonable cause to believe that there exists an OWTS
that has conditions or violations of this chapter or any other applicable
law which make such system unsafe, dangerous or hazardous, such manager
shall have the authority to enter the lot of record at all reasonable
times to inspect or to perform the duties imposed upon such manager
by this chapter. If such lot of record is occupied, the Watershed
Manager shall present credentials to the occupant and request permission
to inspect the OWTS. If such lot is unoccupied, the Watershed Manager
shall first make a reasonable effort to locate the owner or other
person having charge or control of the lot of record and request entry.
If entry is not granted, the Watershed Manager has recourse to every
remedy provided by law to secure entry.
G.
Records. The Watershed Manager shall keep official records of applications
received, permits and certificates issued, fees collected, reports
of inspections, complaints received, and notices and orders issued.
Such records shall be retained in the official records for the period
required for retention of public records.
A.
The Watershed Inspector is hereby authorized and directed to administer
and enforce the provisions of this chapter that is assigned to such
inspector by the KWIC Policy and Procedures Manual.
B.
Powers and duties. The Watershed Inspector shall have the powers
and duties assigned to him or her to administer and enforce the provisions
of this chapter as prescribed in the KWIC Policies and Procedures
Manual.
C.
Approved agencies.
(1)
The Watershed Inspector shall have the authority to accept reports
of application reviews, tests or inspections conducted by approved
agencies that document compliance with this chapter and any other
applicable law. Such reports shall be in writing and be certified
by a responsible officer of such approved agency or by the responsible
individual. The Watershed Inspector is authorized to engage such expert
opinion as deemed necessary to document compliance with this chapter
or any other applicable law.
(2)
Report of findings. Upon completion of the inspection, the approved
agency shall document all procedures and furnish the Watershed Inspector
with a report of findings.
D.
Technical assistance. To determine the acceptability of technologies,
processes, products, facilities, materials and uses attending the
design, operation or use of an OWTS or OWTS subject to inspection,
the Watershed Inspector is authorized to require the owner or agent
to provide, without charge to the Town, a technical opinion and report.
The opinion and report shall be prepared by a registered design professional,
qualified laboratory or other approved agency that shall analyze the
design, operation or use of an OWTS and appurtenances situated thereon,
and to recommend necessary changes. The Watershed Inspector is authorized
to require design submittals to be prepared by, and bear the signature
and stamp of a registered design professional.
E.
Identification. The Watershed Inspector shall carry proper identification
when inspecting OWTS in the performance of his or her duties as prescribed
by this chapter.
F.
Right of entry. Whenever it is necessary to make an inspection to
enforce the provisions of this chapter, or whenever the Watershed
Inspector has reasonable cause to believe that there exists an OWTS
that has conditions or violations of this chapter or any other applicable
law which make such system unsafe, dangerous or hazardous, such inspector
shall have the authority to enter the lot of record at all reasonable
times to inspect or to perform the duties imposed upon such inspector
by this chapter. If such lot of record is occupied, the Watershed
Inspector shall present credentials to the occupant and request permission
to inspect the OWTS. If such lot is unoccupied, the Watershed Inspector
shall first make a reasonable effort to locate the owner or other
person having charge or control of the lot of record and request entry.
If entry is not granted, the Watershed Inspector has recourse to every
remedy provided by law to secure entry.
G.
Records. The Watershed Inspector shall keep official records of applications
received, permits and certificates issued, fees collected, reports
of inspections, complaints received, and notices and orders issued.
Such records shall be retained in the official records for the period
required for retention of public records.
The Watershed Manager shall submit to the Town Board a written
annual report and summary of all business conducted, including a report
and summary of all transactions and activities described in this chapter.
Whenever the Watershed Manager or Watershed Inspector finds
any work is being performed in a manner either contrary to the provisions
of this chapter or any other applicable law, or is dangerous or unsafe,
such manager or inspector is authorized to issue a stop work order.
The stop work order shall be in writing and shall be given to
the owner involved, or to the agent, or to the person doing the work.
Upon issuance of a stop work order, the cited work shall immediately
cease. The stop work order shall state the reason for the order, and
the conditions under which the cited work will be permitted to resume.
The Watershed Manager or Watershed Inspector shall cause the
stop work order, or a copy thereof, to be served on the owner of the
affected OWTS personally or by certified mail. Such manager or inspector
shall be permitted, but not required, to cause the stop work order,
or a copy thereof, to be served on any builder, tenant, contractor,
subcontractor, construction superintendent, registered design professional
or their agents, or any other person taking part or assisting in work
affected by the stop work order, personally or by certified mail;
provided, however, that failure to serve any person mentioned in this
sentence shall not affect the efficacy of the stop work order.
Where an imminent danger exists, the Watershed Manager or Watershed
Inspector shall not be required to give a written notice prior to
stopping the work.
Any person who shall continue any work after having been served
with a stop work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall be culpable
of a violation of this chapter.
It shall be unlawful for any owner to abandon, alter, install,
relocate, replace or use an OWTS or portion thereof in violation of
any applicable provision of this chapter or other law, or fail in
any manner to comply with any notice, directive or order of the Code
Enforcement Officer, Watershed Manager or Watershed Inspector.
Any condition caused or permitted to exist in violation of any
applicable provision of this chapter or other law shall be deemed
a public nuisance and shall be abated as such by the owner in accordance
with any applicable provision of this chapter or any other law.
A.
The Code Enforcement Officer shall issue a notice of violation upon
receipt of a written request by the Watershed Manager to issue a notice
of violation against an owner for failing to comply with any applicable
provision of this chapter or other law. Such request shall include
a supporting deposition if the Code Enforcement Officer did not observe
the violation(s), photographs and documentary evidence, and a statement
identifying the section(s) of law determined to be violated by such
owner. The Code Enforcement Officer has the right to have the Town
Attorney review such request and documents prior to issuing a notice
of violation to ensure compliance with any applicable law. A notice
of violation shall be prepared in accordance with all of the following:
B.
Be in writing.
C.
Include a description of the real property sufficient for identification.
D.
Include a statement of the violation(s) and why the notice is being
issued.
E.
Include an order to remedy allowing a reasonable time for the owner
to take the necessary actions required to bring any OWTS into compliance
with any applicable provision of this chapter or other law.
F.
Inform the owner of the right to appeal.
G.
Include a statement of any applicable penalties and the right to
file a lien in accordance with this chapter.
A notice of violation shall be deemed to be properly served
if a copy thereof is:
A.
Delivered to the owner personally;
B.
Sent by certified mail addressed to the owner at the address prescribed
in the records of the Town Assessor with the return receipt requested;
or
C.
If the notice is returned showing that the letter was not delivered,
a copy thereof shall be posted in a conspicuous place in or about
the real property affected by such notice.
A notice of violation issued or served as provided by this article
shall be complied with by the owner, operator, occupant and other
person responsible for the condition or violation to which the notice
of violation pertains.
The Code Enforcement Officer, Watershed Manager and/or Watershed
Inspector has the authority to enter into a written voluntary compliance
agreement with the owner in order to gain voluntary compliance in
correcting a confirmed violation. The agreement shall include time
limits for compliance and shall be binding on the owner. Such officer,
manager and/or inspector shall abate further processing of the alleged
violation during the time allowed in the voluntary compliance agreement
for the completion of the necessary corrective action. The Code Enforcement
Officer, Watershed Manager and/or Watershed Inspector shall take no
further action concerning the alleged violation if all terms of the
voluntary compliance agreement are satisfied, other than steps necessary
to terminate the waiver. The failure to comply with any term of the
voluntary compliance agreement constitutes a separate violation and
shall be handled in accordance with the procedures established by
this chapter, except no further notice after the voluntary compliance
agreement has been signed need be given before the such officer, manager
and/or inspector may also proceed on the alleged violation that gave
rise to the voluntary compliance agreement.
An action or proceeding may be instituted in the name of this
Town, in a court of competent jurisdiction, to prevent, restrain,
enjoin, correct, or abate any violation of, or to enforce, any applicable
provision of this chapter or other law, or a notice or order issued
by the Code Enforcement Officer, Watershed Manager or Watershed Inspector
pursuant to the applicable provision of this chapter. In particular,
but not by way of limitation, where the violation of any applicable
provision of this chapter or other law, or a notice or order issued
by such officer, manager and/or inspector pursuant to the applicable
provision of this chapter, an action or proceeding may be commenced
in the name of this Town, in the Supreme Court or in any other court
having the requisite jurisdiction, to obtain an order directing the
abandonment or termination of use of an OWTS or an abatement of the
condition in violation of such provisions. No action or proceeding
described in this subsection shall be commenced without the appropriate
authorization from the Town Board.
If the notice of violation is not complied within the period
of time prescribed within such notice, the Code Enforcement Officer
is authorized to request the Town Board to authorize the Town Attorney
to institute the appropriate proceeding at law or in equity to restrain,
correct or abate such violation, or to require the abandonment or
termination of use of an OWTS in violation of the provisions of this
chapter or of the notice or order made pursuant thereto.
A.
Civil penalty. Any person who undertakes any action regulated by
this chapter, or who violates, disobeys or disregards any provision
of this chapter, shall be liable to the Town for civil penalty not
to exceed $300 per day for every such violation. Each offense shall
be a separate and distinct offense, and, in the case of a continuing
offense, each day's continuance thereof shall be deemed a separate
and distinct offense. The civil penalties provided by this subsection
shall be recoverable in an action instituted in the name of this Town.
B.
Criminal penalty. Any violation of any part of this chapter shall
constitute a "violation" as defined in the Penal Law of NYS, and shall
be punishable by a fine not to exceed $250, or 15 days' imprisonment,
or both such fine and/or imprisonment. Each offense shall be a separate
and distinct offense, and, in the case of a continuing offense, each
day's continuance thereof shall be deemed a separate and distinct
offense. The criminal penalties provided by this subsection shall
be recoverable in an action instituted in the name of this Town.
C.
Restoration. A court of competent jurisdiction may order or direct
a violator to restore the affected land to its condition prior to
the offense, insofar as that is possible. The court shall specify
a reasonable time for the completion of such restoration, which shall
be effected under the supervision of the AHJ, Code Enforcement Officer
or his/her designate.
No remedy or penalty specified in this section shall be the
exclusive remedy or penalty available to address any violation described
in this article, and each remedy or penalty specified in this article
shall be in addition to, and not in substitution for or limitation
of, the other remedies or penalties specified in this article, in
any other section of this chapter, or in any other applicable law.
Any remedy or penalty specified in this article may be pursued at
any time, whether prior to, simultaneously with, or after the pursuit
of any other remedy or penalty specified in this article, in any other
section of this chapter, or in any other applicable law.
No inspection shall be conducted or permit issued pursuant to
this chapter until all applicable fees and incurred costs have been
paid.
Fees in the amounts set forth in a fee schedule established
from time to time by resolution of the Town Board shall be submitted
with the application.
A.
In addition to the fees required in this section, the owner shall
reimburse the Town for the cost of professional consultation fees
and other expenditures attributable to any application or inspection.
The Town may also require the owner to deposit a lump sum in order
to retain such consultants. In the event that such sum is insufficient
to fund the necessary consulting services, the Town may require additional
deposits. Such payment(s) shall:
(1)
Be deposited with the Town Clerk who shall establish a line item
for this purpose. Expenditures from this line item may be made at
the direction of the Town Clerk without further appropriation.
(2)
Pay only for the expenditures rendered in connection with the work
for which an application has been submitted or inspection requested
by the owner.
(3)
At the completion of the proposed action, any excess amount in the
line item attributable to an application or inspection shall be repaid
to the owner. A final report of said line item shall be made available
to the owner by the Town Clerk if requested.
(4)
The Town reserves the right to refuse the issuance of any certificate
and/or permit until payment has been received by the Town Clerk for
all expenditures in connection with the work for which an application
has been submitted or inspection requested by the owner.
Any payment of a fee or incurred cost to this Town is not refundable
regardless of whether or not an inspection has been conducted or a
permit has been issued pursuant to this chapter.
The failure of the owner to pay any fee, penalty or expense
incurred by the Town in connection with the enforcement and administration
of this chapter shall be assessed against the land subject to any
action prescribed within this chapter and shall be levied and collected
in the same manner as provided in the Town Law of NYS for the levy
and collection of Town taxes or special ad valorem levies.
A.
Any person directly affected by an order, requirement, decision, interpretation, or determination of the Milo Code Enforcement Officer, Watershed Manager, or Watershed Inspector, or a notice of such requirement, decision, interpretation, or determination issued by such officer, except those that pose an imminent risk to public health or safety, shall have the right to Appeal to the Town of Milo Zoning Board of Appeals, pursuant to "Zoning Law of the Town of Milo" (Ch. 350, Art. XV "Appeal" of the Code of the Town of Milo), or its successor legislation. An appeal may be made by any aggrieved person and must be filed within 60 days of the order, requirement, decision, interpretation, or determination referred to above.
B.
Limitations on authority. An application for an appeal shall be based
on a claim that the intent of this chapter or the rules legally adopted
herein has been incorrectly interpreted, the provisions of this chapter
do not fully apply, or an equivalent method of construction, which
such method shall be prepared by, and bear the signature and seal
of a registered design professional, is proposed. The Zoning Board
of Appeals of the Town shall have no authority to waive any standard
prescribed by law (e.g., Appendix 75-A of Title 10 Part 75 of NYCRR).
Appeals of a determination, notice and/or order by the Code
Enforcement Officer, Watershed Manager or Watershed Inspector shall
stay the enforcement of the determination, notice and/or order until
the appeal is heard and a final determination made by the Zoning Board
of Appeals of the Town.
The Zoning Board of Appeals of the Town has the right to have
an application for an appeal reviewed by the Town Engineer and request
such engineer to provide a written recommendation(s) prior to making
any determination on such application.
A request for a variance from any provision of a NYS or federal
law shall be processed pursuant to such law.
The owner shall have the right to apply for a variance from
a provision of this chapter, which is not prescribed in any other
law, to the Zoning Board of Appeals of the Town pursuant to Zoning
Law.[1]
The Zoning Board of Appeals of the Town has the right to have
an application for a variance reviewed by the Town Engineer and request
such engineer to provide a written recommendation(s) prior to making
any determination on such application.
A.
The Zoning Board of Appeals of the Town shall consider the following
criteria in lieu of the criteria prescribed in the Zoning Law and
make applicable findings regarding:
(1)
Whether the variance being requested by the owner is in harmony with
the purpose and intent of this chapter; and
(2)
Whether a substantial change will be produced in the general condition
of the water quality or a substantial risk to groundwater quality
or quantity will be created by the granting of the variance; and
(3)
Whether the hardship or difficulty can be alleviated by some other
method that is feasible for the owner to pursue; and
(4)
Whether the variance requested is the minimum variance necessary
to afford relief; and
(5)
Whether the hardship or difficulty has been created by the owner.
B.
A negative finding(s) in any one of the criterion prescribed herein
does not necessarily mandate denial of an application for a variance
by the Zoning Board of Appeals of the Town.
