A. Erosion and sediment control inspection. The SMO 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 SWPPP, as approved. To obtain inspections, the applicant shall notify
the SMO at least 48 hours before any of the following as required by the SMO:
(2) Installation of sediment and erosion control measures.
(3) Completion of site clearing.
(4) Completion of rough grading.
(5) Completion of final grading.
(6) Close of the construction season.
(7) Completion of final landscaping.
(8) Successful establishment of landscaping in public areas.
B. If any violations are found, the applicant and developer
shall be notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted except for site stabilization
until any violations are corrected and all work previously completed has received
approval by the SMO.
The SMO is responsible for conducting inspections of SMPs. All applicants
are required to submit as-built plans for any stormwater management practices
located on site after final construction is completed. The plan must show
the final design specifications for all stormwater management facilities and
must be certified by a professional engineer.
Inspection programs shall be established on any reasonable basis, including
but not limited to routine inspections; random inspections; inspections based
upon complaints or other notice of possible violations; inspection of drainage
basins or areas identified as higher than typical sources of sediment or other
contaminants or pollutants; inspection of businesses or industries of a type
associated with higher than usual discharges of contaminants or pollutants
or with discharges of a type which are more likely than the typical discharge
to cause violations of state or federal water or sediment quality standards
or the SPDES stormwater permit; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include, but
are not limited to, reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control facilities;
and evaluating the condition of drainage control facilities and other stormwater
management practices.
The SMO may require monitoring and reporting from entities subject to
this chapter as are necessary to determine compliance with this chapter.
When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village of Hudson Falls the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Article
III of this chapter.
In order to ensure the full and faithful completion of all land development
activities related to compliance with all conditions set forth by the Village
of Hudson Falls in its approval of the stormwater pollution prevention plan,
the Village of Hudson Falls may require the applicant or developer to provide,
prior to construction, a performance bond, cash escrow or irrevocable letter
of credit from an appropriate financial or surety institution which guarantees
satisfactory completion of the project and names the Village of Hudson Falls
as the beneficiary. The security shall be in an amount to be determined by
the Stormwater Management Officer based on submission of final design plans,
with reference to actual construction and landscaping costs. The performance
guarantee shall remain in force until the surety is released from liability
by the Village of Hudson Falls, provided that such period shall not be less
than one year from the date of final acceptance or such other certification
that the facility(ies) have been constructed in accordance with the approved
plans and specifications and that a one-year inspection has been conducted
and the facilities have been found to be acceptable to the Village of Hudson
Falls. Per annum interest on cash escrow deposits shall be reinvested in the
account until the surety is released from liability.
Where stormwater management and erosion and sediment control facilities
are to be operated and maintained by the developer or by a corporation that
owns or manages a commercial or industrial facility, the developer, prior
to construction, may be required to provide the Village of Hudson Falls with
an irrevocable letter of credit from an approved financial institution or
surety to ensure proper operation and maintenance of all stormwater management
and erosion control facilities both during and after construction, and until
the facilities are removed from operation. If the developer or landowner fails
to properly operate and maintain stormwater management and erosion and sediment
control facilities, the Village of Hudson Falls may draw upon the account
to cover the costs of proper operation and maintenance, including engineering
and inspection costs.
The landowner or operator of the property shall maintain records showing
compliance with this chapter and the SWPPP for a period of seven years, measured
from the first year applicable to such plan or other document, including any
annual compliance reports required to show continued compliance with any SWPPP.
A. Notice of violation. When the SMO determines that a land
development activity is not being carried out in accordance with the requirements
of this chapter, it may issue a written notice of violation to the landowner.
The notice may include a provision requiring the persons receiving such notice
of violation to halt all land development activities, except those activities
that address the violations leading to the notice of violation. The notice
of violation shall contain:
(1) The name and address of the landowner, developer or applicant;
(2) The address, when available, or a description of the
building, structure or land upon which the violation is occurring;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial measures necessary to bring
the land development activity into compliance with this chapter and a time
schedule for the completion of such remedial action;
(5) A statement of the penalty or penalties that shall or
may be assessed against the person to whom the notice of violation is directed;
(6) That the landowner, developer or applicant has 48 hours
to remedy the violation contained therein; and
(7) A statement that the determination of violation may be
appealed to the municipality by filing a written notice of appeal within 15
days of service of notice of violation.
B. The notice of violation shall be in effect until the
SMO confirms that the land development activity is in compliance and the violation
has been satisfactorily addressed. Failure to address a notice of violation
within the time frame set forth therein may result in civil, criminal or monetary
penalties in accordance with the enforcement measures authorized in this chapter.
Any person receiving a notice of violation may appeal the determination
of the SMO to the Board of Trustees of the Village of Hudson Falls within
15 days of its issuance, which shall hear the appeal within 30 days after
the filing of the appeal and, within five days of making its decision, file
its decision in the office of the Municipal Clerk and mail a copy of its decision
by certified mail to the discharger.
A. 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 municipal 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. 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.
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. 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 Municipal Code Enforcement Officer, where:
(1) The violation was unintentional;
(2) The violator has no history of previous violations of
this chapter;
(3) Environmental damage was minimal;
(4) The violator acted quickly to remedy violation; and
(5) The violator cooperated in investigation and resolution.
B. Alternative remedies may consist of one or more of the
following:
(1) Attendance at compliance workshops.
(2) Storm drain stenciling or storm drain marking.
(3) River, stream or creek cleanup activities.
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.
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 $350 or imprisonment for
a period not to exceed six months, 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 $350 nor more than
$700 or imprisonment for a period not to exceed six months, 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 $700 nor
more than $1,000 or imprisonment for a period not to exceed six months, or
both. However, for the purposes of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter shall be deemed misdemeanors
and, for such purpose only, all provisions of law relating to misdemeanors
shall apply to such violations. Each week's continued violation shall constitute
a separate additional violation.
If any building or land development activity is installed or conducted
in violation of this chapter, the SMO may prevent the occupancy of said building
or land.
Any violator may be required to restore land to its undisturbed condition.
In the event that restoration is not undertaken within a reasonable time after
notice, the Village of Hudson Falls may take necessary corrective action,
the cost of which shall become a lien upon the property until paid.
The Village of Hudson Falls may require any person undertaking land
development activities regulated by this chapter to pay reasonable costs at
prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed
by the Village of Hudson Falls or performed by a third party for the Village
of Hudson Falls.