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Town of Ellicott, NY
Chautauqua County
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Table of Contents
Table of Contents
A. 
The continued violation of any provision of any section or concurrent violation of different sections of this chapter shall constitute separate offenses for each and every day such violation of any provision hereof shall continue and for each and every section violated.
B. 
Any person or owner who willfully, knowingly or recklessly fails to comply with the provisions of this chapter shall be guilty of a misdemeanor and shall be subject to a sentence of imprisonment for up to 15 days and to a fine of up to $250 for each violation whenever other specific penalties are not provided by statute.
The Director may assess a civil penalty of up to $250 for each violation against any person or owner who fails to comply with the provisions of this chapter and may bring suit in the name of the town in a court of competent jurisdiction to enforce said penalty.
The Director may bring suit in the name of the town in a court of competent jurisdiction against any person or owner who fails to comply with the provisions of this chapter for any legal or equitable relief, including an injunction and a suit for actual money damages.
In any suit brought by the Director under §§ 118-83 and 118-84 hereof, the town shall be entitled to recover attorney's fees, engineer's fees and other costs to the town of ascertaining violations of this chapter and enforcing the rights of the town and penalties hereunder.
The Director may disconnect a building sewer at its connection with the sanitary sewer and plug the building sewer when the discharge from the building sewer threatens town personnel or the facilities or processes of the sewage works.
The remedies under this Article may be used singly, concurrently and sequentially in any combination and the use of one remedy shall not exclude the exercise of any other remedy hereunder.