A.
Any person violating any provision of this chapter
shall be liable to the Town for any and all losses, damages, and expenses
incurred by the Town or for which the Town may be held liable as a
result of said violation. The expenses shall include but not be limited
to the determination of the source of the violation and, if necessary,
the restoration of the city wastewater treatment system to its original
operating condition, which shall include but not be limited to sewer
cleaning, and reconnection of sewer service following a determined
necessary physical severance of such sewer.
B.
Any person either directly or indirectly discharging nonmetered water into the Town's sanitary sewer system other than through a water or sewer meter as provided for in § 191-57 hereof shall, in addition to all other liabilities and penalties, be responsible for operation and maintenance charges, usage charges and surcharges for the amount of said nonmetered water entering the Town's sanitary sewer system.
B.
Service of the notice of violation shall be sufficient
if directed to the owner or operator of a residence, commercial or
industrial facility, as the case may be, violating this chapter. Service
of said notice of violation shall be made personally upon the alleged
violator, if possible. Otherwise said notice of violation shall be
sufficient if served by delivering the same to a person of suitable
age or discretion at the actual residence, commercial or industrial
facility at which said violation is occurring and by mailing the notice
to the person to be served at his last known residence or business
address or, where service cannot otherwise be made with due diligence,
by affixing said notice of violation to the door of the residence,
commercial or industrial facility at which said violation is occurring
and by mailing said notice to such person at his last known residence
or place of business.
[Amended 10-16-2002 by L.L. No.2-2002]
Where any person who is duly notified of a violation
as set forth in this chapter so requests, an informal hearing shall
be held between that person, the Department of Water and Sewage and
any other person deemed appropriate by the Department of Water and
Sewage. The purpose of the informal hearing shall be to promptly remedy
violations prior to any injunctive actions by the Town. Said informal
hearing shall be requested and held within three days of notice of
violations. The request for or convening of an informal hearing shall
not prevent the Town from convening a show cause hearing or pursuing
any other relief or remedy as allowed by this chapter or otherwise.
[Added 10-16-2002 by L.L. No. 2-2002[1]]
A.
Except where the Department of Water and Sewage has acted under § 191-28A of this chapter by severing the sewer connection(s) for the reasons stated in said section, the Town may order any user who causes or allows an unauthorized discharge to enter the POTW; fails to pay sewer rents where the aggregate amount of said unpaid sewer rents exceeds the sum of $2,500, it being the Town's determination that unpaid sewer rents exceeding $2,500 will have a significant economic impact on the Town and its sewer districts; refuses access to a premises serviced by the Town's sewer system and/or containing records or other information relevant to the Town's sewer system or the implementation and enforcement of this chapter, including but not limited to all inspection, observation, measurement, sampling, testing and/or records examination to be performed in accordance with the provisions of this chapter; to show cause before the Town Board why the proposed enforcement actions should not be taken. A notice shall be served on the property owner, occupant and/or user specifying the time and place of a hearing to be held by the Town Board regarding the violation, the reasons why the action is to be taken, the proposed enforcement actions, and directing the user to show cause before the Town Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.
B.
The Town Board may itself conduct the hearing and
take the evidence, or may designate any of its members or an officer
or employee of the Town to:
(1)
Issue in the name of the Town Board notices of hearings
requiring 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.
C.
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 charge thereof.
D.
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, existing treatment facilities, devices or other related appurtenances are properly operated and/or or other adequate action is taken to remedy said violation. Further orders and directives, including liabilities and penalties, as are necessary and appropriate may be further issued in accordance with this Article XI. Any said order shall be final and conclusive.
E.
Any action taken pursuant to this section shall be
in addition to any other right or remedy available to the Town pursuant
to this chapter or otherwise.
[1]
Editor's Note: This local law also renumbered
former §§ 191-64 and 191-65 as 191-65 and 191-66, respectively.
A.
Nothing contained herein shall prevent the Town or
Department of Water and Sewage, either alone or in conjunction with
the foregoing penalties, from maintaining an action or proceeding
in the name of the Town or Department of Water and Sewage in any court
of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of any provision of this chapter. In addition,
the Town or Department of Water and Sewage reserves the right to obtain
reimbursement for any loss, damage or expense incurred by it as a
result of any violation of this chapter.
B.
The approval authority shall have the right to seek
or commence an action for appropriate legal and/or equitable relief
in cases where it deems the actions taken by the Town in seeking injunctive
relief insufficient.
