[Added 9-12-1984]
A.
Any person found to be violating any provision of this chapter shall
be served by the Town with written notice stating the nature of the
violation and providing a reasonable time limit for the satisfactory
correction thereof. The offender shall, within the period of time
stated in such notice, permanently cease all violations. Any such
person is entitled to a hearing on the question of whether there is
violation of this chapter, which hearing will be held by the Town
Board of the Town of Newfane or any officer or employee of said Town
designated by the Town Board, who shall be empowered to:
(1)
Issue in the name of the Town of Newfane notices of hearings
requesting the attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in such hearings;
(2)
Take the evidence;
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Town Board
for action thereon.
B.
At any hearing held pursuant to this chapter, testimony taken must
be under oath and recorded stenographically. The transcript, so recorded,
will be made available to any member of the public or any party to
the hearing upon payment of the usual charges therefor.
C.
After the Town Board has reviewed the evidence, it may issue an order
to the user responsible for the discharge directing that, following
a specified time period, the sewer service be discontinued, unless
adequate treatment facilities, devices or other related appurtenances
shall have been installed on existing treatment facilities and devices
or other related appurtenances are properly operated. Further orders
and directives as are necessary and appropriate may be issued.
[Amended 3-14-1990]
A.
Any person who shall continue any violation beyond the time limit provided for in § 196-10.1 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $1,000 or by imprisonment in the county jail for not more than 90 days, or by both such fine and imprisonment, at the discretion of the court, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
B.
Any person violating any of the provisions of this chapter shall
become liable to the Town by reason of such violation.
C.
The Town is also authorized to apply to the Supreme Court of New
York State for a permanent injunction to restrain any violation of
this chapter.
[Added 9-12-1984]
Those Class II and Class III industries, in the event the flow volume and/or BOD loading limitations established by contract or agreement as required in § 196-11.2B and C are exceeded, shall pay additional user charges as follows:
