[HISTORY: Adopted by the Board of Trustees
of Dobbs Ferry as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-27-2007 by L.L. No. 3-2007 (Ch.
245, Art. I, of the 1984 Code)]
The purpose of this article is to provide for
the health, safety and general welfare of the residents of the Village
of Dobbs Ferry through the regulation of connections to the Village's
municipal separate storm sewer system (MS4) and the regulation of
nonstormwater discharges to the (MS4) to the maximum extent practicable
as required by federal and state law. This article establishes methods
for controlling the introduction of pollutants into the MS4 in order
to comply with requirements of the New York State Department of Environmental
Conservation (NYSDEC) SPDES General Permit (GP-02-02) for municipal
separate storm sewer systems. The objectives of this article are:
A.
To meet the requirements of the SPDES General Permit
for Stormwater Discharges from MS4s, Permit No. GP-02-02, or as amended
or revised;
B.
To regulate the contribution of pollutants to the
MS4 since such systems are not designed to accept, process or discharge
nonstormwater wastes;
C.
To prohibit unauthorized and illicit connections,
activities and discharges to the MS4;
D.
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this article; and
E.
To promote public awareness of the hazards involved
in the improper discharge of trash, yard waste, lawn chemicals, pet
waste, wastewater, grease, oil, petroleum products, cleaning products,
paint products, hazardous waste, sediment and other pollutants into
the MS4.
Whenever used in this article, unless a different
meaning is stated in a definition applicable to only a portion of
this article, the following terms will have the meanings set forth
below:
Schedules of activities, prohibitions of practices, general
good-housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Chapter of the Code of the Village of Dobbs Ferry, New York.
An authorization for connection as well as a discharge permitted under § 220-12 of this article, as well as a discharge permitted under a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the NYSDEC. This permit is subject to special terms and conditions by the SMO. The permit will expire on or before the expiration of the NYSDEC SPDES permit, waiver or order or upon change of ownership or use of the property.
Activities requiring authorization under a NYSDEC SPDES permit
for stormwater discharges from construction activity, GP-02-01, as
amended or revised, or activities covered by erosion and sediment
control or pollution prevention plan laws, ordinances or regulations
of the Village. These activities include construction projects resulting
in land disturbance equal to or greater than the area stipulated in
statutes or regulations of the state, county or the Village, whichever
is most restrictive. Such activities include, but are not limited
to, clearing and grubbing, grading, excavating, and demolition.
The County of Westchester.
New York State-licensed professional engineer or licensed
architect.
An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per § 220-5B of this article) from properties occupied by private dwellings.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration or physical,
chemical or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any action or condition, active or passive, that results
in nonstormwater entering the Village's MS4.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
Any conveyances which allow any nonstormwater
discharge including treated or untreated sewage, process wastewater
and wash water to enter the MS4, and any connections to the storm
drain system from indoor drains and sinks, regardless of whether said
drain or connection had been previously allowed, permitted or approved
by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial
or industrial land use to the MS4 which has not been documented in
plans, maps or equivalent records and approved by an authorized enforcement
agency;
Any building or structure floor drain or trench
drain; and
Any unauthorized connection as defined elsewhere
in this section.
Any discharge through an unauthorized connection, and any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 220-5 of this article.
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
Municipal separate storm sewer system owned by the Village
or another municipal entity.
An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per § 220-5B of this article) from all properties occupied by other than private dwellings.
A conveyance or system of conveyances and retention and infiltration
facilities (including roads with drainage systems, curbs and gutters
on municipal streets, manholes, catch basins, ditches, man-made channels,
or storm drains, stormwater basins, drainage reserve areas, dry wells
or any other component of a stormwater system), that is:
A county, town, city, village or other unit of government.
Any discharge to the MS4 that is not composed entirely of
stormwater.
The New York State Department of Environmental Conservation.
Office of the Village Engineer of the Village of Dobbs Ferry.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to, dredged spoil, filter backwash,
solid waste, incinerator residue, treated or untreated sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, radioactive
materials, hazardous materials, heat, wrecked or discarded equipment,
rock, sand and industrial, municipal, agricultural waste and ballast
discharged into water which may cause or might reasonably be expected
to cause pollution of the waters of the state in contravention of
the standards. Also, paints, varnishes and solvents; oil and other
automotive fluids; hazardous or nonhazardous liquid and solid wastes,
yard wastes including branches, grass clippings and leaves; refuse,
rubbish, garbage, litter, or other discarded or abandoned objects
and accumulations so that same may cause or contribute to pollution;
and discharges of soaps, detergents, or floatables; pesticides, herbicides,
and fertilizers; sewage, fecal coliforms and pathogens; dissolved
and particulate metals; animal wastes; wastes and residues that result
from constructing a building, structure or site improvements; cement,
gravel, sand, silt, mud, other soils, and noxious or offensive matter
of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Discharge compliance with water quality standards.
The condition that applies where an MS4 has been notified that the
discharge of stormwater authorized under its MS4 SPDES permit may
have caused or has the reasonable potential to cause or contribute
to the violation of an applicable water quality standard. Under this
condition, the MS4 must take all necessary actions to ensure future
discharges do not cause or contribute to a violation of water quality
standards.
Clean Water Act § 303(d) listed waters.
The condition in an MS4 SPDES permit that applies where the MS4 discharges
to a CWA § 303(d) listed water. Under this condition the
MS4's stormwater management program must ensure no increase of the
listed pollutant of concern to the § 303(d) listed water.
Total maximum daily load (TMDL) strategy. The
condition in an MS4 SPDES permit where a TMDL including requirements
for control of stormwater discharges has been approved by the EPA
for a water body or watershed into which the MS4 discharges. If the
discharge from the MS4 did not meet the TMDL stormwater allocations
prior to September 10, 2003, the MS4 was required to modify its stormwater
management program to ensure that reduction of the pollutant of concern
specified in the TMDL is achieved.
The condition in an MS4 permit that applies
if a TMDL is approved in the future by the EPA for any water body
or watershed into which an MS4 discharges. Under this condition, the
MS4 must review the applicable TMDL to see if it includes requirements
for control of stormwater discharges. If an MS4 is not meeting the
TMDL stormwater allocations, the MS4 must, within six months of the
TMDL's approval, modify its stormwater management program to ensure
that reduction of the pollutant of concern specified in the TMDL is
achieved.
State of New York.
A permit issued by the NYSDEC that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, subsurface drainage and snowmelt.
The Village Engineer of the Village of Dobbs Ferry (or the
person serving in the capacity of the Village Engineer) or his/her
authorized deputies, agents or representatives, including employees
of other Village departments, as appropriate, or any other duly authorized
individual designated by the Village Board of Trustees. The SMO is
to enforce this article, review stormwater pollution prevention plans,
forward the plans to the applicable municipal board and inspect stormwater
management practices.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by the NYSDEC
as required by § 303(d) of the Clean Water Act. Section
303(d) listed waters are estuaries, lakes and streams that fall short
of state surface water quality standards and are not expected to improve
within the next two years.
Total maximum daily load.
The maximum amount of a pollutant allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
A permanent or temporary unapproved direct or indirect conveyance
to the Village's MS4. Any connection, pipe, hose or other conveyance
that is not documented on plans, maps or equivalent records signed
by the SMO or that is not approved by a permit issued by the SMO is
considered unauthorized regardless of whether the discharge is otherwise
allowed by this article.
Free of pollutants. (See definition of "pollutant.")
The Village of Dobbs Ferry, New York.
The Village Engineer of the Village of Dobbs Ferry, New York.
Water that is not stormwater, is contaminated with pollutants,
and is or will be discarded.
This article shall apply to discharged connections
to the Village's MS4. This includes activities that result in discharge,
seepage or deposition into the Village's MS4, and all water entering
the MS4 generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency and allowed by a discharge
or connection permit or other document approved by the SMO. This article
shall also apply to discharges and connections entering another MS4
that is tributary to the Village's MS4.
The Village Engineer of the Village of Dobbs
Ferry, as the Stormwater Management Officer (SMO) for the Village,
or duly authorized deputies, agents or representatives, including
employees of other Village departments, as appropriate, or any other
duly authorized individual designated by the Village Board of Trustees
shall administer, implement and enforce the provisions of this article.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the Village's MS4 any materials other than stormwater, except as provided in § 220-5B.
B.
The commencement, conduct or continuance of any illicit
(illegal) discharge to the MS4 is prohibited except as described as
follows:
(1)
The following discharges are exempt from discharge
prohibitions established by this article, unless they are subsequently
determined to be substantial contributors of pollutants: waterline
flushing or other potable water sources, uncontaminated landscape
irrigation or lawn watering, existing diverted stream flows, rising
groundwater, uncontaminated groundwater infiltration to storm drains,
uncontaminated pumped groundwater, foundation or footing drains, uncontaminated
crawl space or basement sump pump discharges, air-conditioning condensate,
uncontaminated irrigation water, springs, water from individual residential
car washing, natural riparian habitat or wetland flows, dechlorinated
swimming pool discharges, residential street wash water, water from
fire-fighting activities, and any other water source not containing
pollutants. Such exempt discharges shall be made in accordance with
an appropriate plan for reducing pollutants.
(2)
Discharges approved in writing by the SMO to protect
life or property from imminent harm or damage, provided that such
approval shall not be construed to constitute compliance with other
applicable laws, chapters and requirements, and further provided that
such discharges may be permitted for a specified time period and under
such conditions as the SMO may deem appropriate to protect such life
and property while reasonably maintaining the purpose and intent of
this article.
(3)
Dye testing in compliance with applicable state and
local laws or chapters is an allowable discharge but requires a written
notification to the SMO 24 hours prior to the time of the test.
C.
The prohibition shall not apply to any discharge permitted
under a SPDES permit, waiver or waste discharge order issued to the
discharger and administered under the authority of the NYSDEC, provided
that the discharger is in full compliance with all requirements of
the permit, waiver or order and other applicable laws, chapters and
regulations, and provided that written approval has been granted for
any discharge to the MS4 by the SMO.
A.
Connections to the Village's MS4 without a permit
are prohibited.
(1)
Any connection to the Village's MS4 is considered
to be an unauthorized connection unless it has been approved by a
permit issued by the SMO or documented on a plan or map that has been
approved by the SMO. This constraint applies to all connections, permanent
or temporary, regardless of whether the discharge is otherwise permitted
by this article.
(2)
The construction, use, maintenance or continued existence
of unauthorized connections to the Village's MS4 is prohibited.
(3)
This prohibition expressly includes, without limitation,
connections made in the past, regardless of whether the connection
was permissible under law, chapter or practices applicable or prevailing
at the time of connection.
(4)
A person is considered to be in violation of this
article if the person connects a line conveying sewage or other pollutants
to the Village's MS4 or allows such a connection to continue.
(5)
The connection of interior floor drains and trench
drains at the entrances to buildings or other structures is prohibited.
No persons shall operate a failing individual
sewage treatment system in areas tributary to the Village's MS4. A
failing individual sewage treatment system is one which has one or
more of the following conditions:
A.
The backup of sewage into a structure.
B.
Discharges of treated or untreated sewage onto the
ground surface.
C.
A connection or connections to a separate stormwater
sewer system.
D.
Liquid level in the septic tank above the outlet invert.
E.
Structural failure of any components of the individual
sewage treatment system that could lead to any of the other failure
conditions as noted in this section.
F.
Contamination of off-site groundwater.
A.
Activities that are subject to the requirements of
this section are those types of activities that:
(1)
Cause or contribute to a violation of the Village's
MS4 SPDES permit.
(2)
Cause or contribute to the Village being subject to the special conditions as defined in § 220-2 of this article.
(3)
Cause or contribute to the Village's MS4 receiving pollutants as defined in § 220-2 of this article.
(4)
Cause or contribute to the Village's MS4 receiving
discharges from an undocumented or unauthorized connection (whether
permanent or temporary).
B.
Such activities include failing individual sewage treatment systems as defined in § 220-7 of this article, improper management of pet waste or any other activity that causes or contributes to violations of the Village's MS4 SPDES permit authorization.
C.
Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the Village's MS4 SPDES permit authorization or cause or contributes to pollutants being discharged to the Village's MS4, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the Village's MS4 SPDES permit authorization, or causes or contributes to pollutants to be discharged or deposited into the Village's MS4. If such person fails to take all reasonable actions as determined by the SMO, such person may be subject to § 220-15 of this article.
A.
Best management practices. Where the SMO has identified illicit discharges as defined in § 220-2 of this article or activities contaminating stormwater as defined in § 220-8 of this article, the SMO may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)
The owner or operator of a commercial or industrial
establishment shall provide, at its own expense, reasonable protection
from accidental discharge of prohibited materials, pollutants or other
wastes into the MS4 through the use of structural and nonstructural
BMPs.
(2)
Any person responsible for a property or premises which is or may be the source of an illicit discharge as defined in § 220-2 of this article or an activity contaminating stormwater as defined in § 220-8 of this article may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
(3)
Compliance with all terms and conditions of a valid
SPDES permit authorizing the discharge of stormwater associated with
industrial activity, to the extent practicable, shall be deemed in
compliance with the provisions of this section.
B.
Individual sewage treatment systems: response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the Village's MS4 being subject to the special conditions as defined in § 220-2 of this article, the owner or operator of such individual sewage treatment systems shall be required to:
(1)
Maintain and operate individual sewage treatment systems
as follows:
(a)
Inspect the septic tank annually to determine
scum and sludge accumulation. Septic tanks must be pumped out whenever
the bottom of the scum layer is within three inches of the bottom
of the outlet baffle or sanitary tee or the top of the sludge is within
10 inches of the bottom of the outlet baffle or sanitary tee;
(b)
Avoid the use of septic tank additives;
(c)
Avoid the disposal of excessive quantities of
detergents, kitchen wastes, laundry wastes and household chemicals;
and
(d)
Avoid the disposal of cigarette butts, disposable
diapers, sanitary napkins, trash and other such items.
(2)
Repair or replace individual sewage treatment systems
as follows:
(a)
In accordance with 10 NYCRR Appendix 75A, to
the maximum extent practicable, a design professional licensed to
practice in New York State shall prepare design plans for any type
of absorption field that involves:
(b)
A written certificate of compliance shall be
submitted by the design professional to the Village at the completion
of construction of the repair or replacement system.
A.
The SMO may, without prior notice, suspend MS4 discharge
access to a person when such suspension is necessary to stop an actual
or threatened discharge which presents or may present imminent and
substantial danger to the environment, to the health or welfare of
persons, or to the MS4. The SMO shall notify the person of such suspension
within a reasonable time thereafter in writing of the reasons for
the suspension. If the violator fails to comply with a suspension
order issued in an emergency, the SMO may take such steps as deemed
necessary to prevent or minimize damage to the MS4 or to minimize
danger to persons.
B.
Suspension due to the detection of illicit discharge
or unauthorized connection. Any person discharging to the Village's
MS4 in violation of this article may have his MS4 access terminated
if such termination would abate or reduce an illicit discharge or
result in the remedy of an unauthorized connection. The SMO will notify
a violator in writing of the proposed termination of its MS4 access
and the reasons therefor. The violator may petition the SMO for a
reconsideration and hearing. Access may be granted by the SMO if he/she
finds that the illicit discharge has ceased and the discharger has
taken steps to prevent its recurrence, or that the discharger has
obtained proper permission for the connection. Access may be denied
if the SMO determines in writing that the illicit discharge has not
ceased or is likely to recur or the unauthorized connection has not
been remedied. A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this section without
the prior approval of the SMO.
Any person subject to an industrial or construction
activity SPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the SMO prior to the allowing of discharges
to the MS4.
A.
General. Any connection to the Village's MS4 requires
a permit issued by the SMO. Applications for permits shall be made
on forms provided by the SMO. Permit applications shall be supplemented
by any plans, specifications, analyses, calculations or other information
considered pertinent by the SMO. The Village considers connection
to its MS4 as a last resort to solve flooding problems. Before approving
a connection, the Village will require that applicants use on-site
best management practices to handle stormwater and other authorized
nonstormwater discharges to the maximum extent practicable. The SMO
will assess the adequacy of the applicant's on-site stormwater disposal
management practices.
(1)
Permit types:
(a)
General permit. An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per § 220-5B of this article) from properties occupied by private dwellings.
(b)
Connection permit. An authorization for connection as well as discharge authorized under § 220-12 of this article, as well as for a discharge permitted under a SPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the NYSDEC. This permit is subject to special terms and conditions by the SMO. The permit will expire on or before the expiration of the NYSDEC SPDES permit, waiver or order or upon change of ownership or use of the property.
B.
Inspection. All connections to the Village's MS4 shall
be subject to the approval and inspection by the Village. The applicant
must notify the SMO in writing at least 48 hours prior to commencing
work and at least 48 hours prior to final restoration.
C.
Indemnification. The property owner shall indemnify
and save the Village harmless from any loss, damage or expense, claims
or suits arising out of and in connection with the installation and
connection to the Village's MS4. In addition, the Village makes no
guarantee that its MS4 will not become surcharged or otherwise overburdened
and that water from the MS4 will not back up through the connection
onto the owner's property. By making a connection, the applicant/owner
assumes all of the risk and liability that may arise from it.
D.
Permit transfers. General permits may be transferred
with the sale of a residential property, provided the use does not
change or intensify (e.g., the addition of more dwelling units). The
new property owner shall comply with the terms and conditions of the
transferred permit. Special permits are not transferable without approval
of the SMO.
E.
Work within Village roads. Any connection made within
or involving work within a Village road will also comply and be subject
to any and all applicable chapters and regulations pertaining to permits
for work on and within Village streets and roads. A permit under this
article does not relieve the applicant from the permits under the
foregoing chapters and regulations.
F.
Other permits required. A connection permit issued
pursuant to this article does not relieve the applicant from any and
all other permits, permissions or compliance with rules and regulations
that may be required by federal, state, county, town, Village government
agencies or other public or private parties. This permit does not
supersede any of the above.
G.
Permit rules and regulations. The SMO may promulgate
rules and regulations for the permitting process within the constraints
of this article.
A.
Applicability. This section applies to all facilities
that the SMO must inspect to enforce any provision of this article,
or whenever the authorized enforcement agency has cause to believe
that there exists, or potentially exists, in or upon any premises
any condition that constitutes a violation of this article.
B.
Access to facilities.
(1)
The SMO shall be permitted to enter and inspect facilities,
public and private, subject to regulation under this article as often
as may be necessary to determine compliance with this article. If
a discharger has security measures in force that require proper identification
and clearance before entry into its premises, the discharger shall
make the necessary arrangements to allow access to the SMO.
(2)
Facility operators shall allow the SMO ready access
to all parts of the premises for the purposes of inspection, sampling,
examination and copying of records as may be required to implement
this article.
(3)
The Village shall have the right to set up on any
facility subject to this article such devices as are necessary in
the opinion of the SMO to conduct monitoring and/or sampling of the
facility's stormwater discharge.
(4)
The SMO has the right to require the facilities subject
to this article to install monitoring equipment as is reasonably necessary
to determine compliance with this article. The facility's sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the discharger at its own expense.
All devices used to measure stormwater flow and quality shall be calibrated
to ensure their accuracy.
(5)
Unreasonable delays in allowing the Village access
to a facility subject to this article are a violation of this article.
A person who is the operator of a facility subject to this article
commits an offense if the person denies the Village reasonable access
to the facility for the purpose of conducting any activity authorized
or required by this article.
(6)
If the SMO has been refused access to any part of
the premises from which stormwater is discharged, and he/she is able
to demonstrate probable cause to believe that there may be a violation
of this article, or that there is a need to inspect and/or sample
as part of a routine inspection and sampling program designed to verify
compliance with this article or any order issued hereunder, then the
SMO may seek issuance of a search warrant from any court of competent
jurisdiction.
Notwithstanding other requirements of law, as
soon as any person responsible for a facility or operation, or responsible
for emergency response for a facility or operation, has information
of any known or suspected release of materials which are resulting
or may result in illegal discharges or pollutants discharging into
the MS4, said person shall take all necessary steps to ensure the
discovery, containment, and cleanup of such release. In the event
of such a release of hazardous materials, said person shall immediately
notify emergency response agencies of the occurrence via emergency
dispatch services. In the event of a release of nonhazardous materials,
said person shall notify the SMO in person or by telephone or facsimile
no later than the next business day. Notifications in person or by
telephone shall be confirmed by written notice addressed and mailed
to the SMO within three business days of the telephone notice. If
the discharge of prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least three years.
A.
Notice of violation. When the SMO finds that a person
has violated a prohibition or failed to meet a requirement of this
article or a permit issued pursuant to this article, he/she may order
compliance by written notice of violation to the responsible person.
Such notice of violation shall be sent by certified mail to the property
owner and shall require compliance with this article within a reasonable
amount of time as determined by the SMO. Such notice may require,
without limitation, any or all of the actions listed below:
(1)
The elimination of illicit or unauthorized connections
or discharges;
(2)
That violating discharges, practices, operations,
activities, or connections shall cease and desist;
(3)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(4)
The performance of monitoring, analyses, and reporting;
(5)
Payment of a fine; and
(6)
The implementation of source control or treatment
BMPs. If abatement of a violation and/or restoration of affected property
is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within
the established deadline, the work will be done by a designated governmental
agency or a contractor, and the expense thereof shall be charged to
the violator.
B.
Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of this article shall be guilty of a violation punishable
by a fine not exceeding $1,000 or imprisonment for a period not to
exceed two 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 $1,000
nor more than $2,000 or imprisonment for a period not to exceed two
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 $2,000 nor more than $5,000 or imprisonment
for a period not to exceed two months, or both. However, for the purposes
of conferring jurisdiction upon courts and judicial officers generally,
violations of this article 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.
Any person receiving a notice of violation may
appeal within 15 calendar days of its issuance. The SMO shall hear
the appeal within 30 days after the filing of the appeal, and within
five days of making his/her decision, issue a decision by certified
mail to the discharger. The SMO may conduct the hearing and take evidence
or may designate any officer or employee of the SMO to do so.
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 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
article. If a person has violated or continues to violate the provisions
of this article, the SMO may petition a court of competent jurisdiction
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 article,
he/she may be eligible for alternative remedies in lieu of a civil
penalty, upon recommendation of the Village Attorney and concurrence
of the SMO, where:
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 article is a threat to
public health, safety and welfare, and is declared and deemed a public
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 article and regulations
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.
