[Amended 1-23-2024 by L.L. No. 2-2024]
A. In any instance where this chapter is violated, the Town of Farmington
may maintain an action or proceeding in a court of competent jurisdiction
to compel compliance with the terms of this chapter, or to enforce
a violation of this chapter, or to restrain by injunction the violation
of this chapter.
B. An application for a building permit shall include a section requiring
consent by the parcel owner to permit the authority having jurisdiction
to enter upon the premises without a search warrant to inspect the
work which is the subject matter of the permit application.
C. If a parcel owner fails to complete an inspection required by this
chapter, or to allow access to the parcel for the required inspection,
the authority having jurisdiction shall obtain an administrative search
warrant, which may be issued by a court of competent jurisdiction,
to complete the required inspection.
D. The Town Board (acting as the Town Board of Health) may schedule
a hearing on an on-site wastewater treatment system that the authority
having jurisdiction has determined to be in failure and has not been
rectified by the parcel owner. In instances where the violation is
deemed by the authority having jurisdiction to pose an imminent threat
to public health, the Town Board may direct that the Town take corrective
action and assess all costs and expenses incurred by the Town in connection
with the proceedings and correction of the violation upon the parcel.
The Town Board shall ascertain the cost of such correction action
and such cost shall be charged and assessed against the owner of the
property. The expense so assessed shall constitute a lien and charge
on the real property on which it is levied until paid or otherwise
satisfied or discharged and shall be collected in the same manner
and at the same time as other Town charges.
Any permit or approval granted under this chapter
which is based upon or is granted in reliance upon any material misrepresentation,
or upon failure to make material fact or circumstances known, by or
on behalf of an applicant, shall be void.
Any person who violates any provision of this
chapter shall be subject to a fine not to exceed the sum of $250 or
by imprisonment of not more than 15 days, or both. Each week such
violation continues after notification to the person in violation
shall constitute a separate violation. Such violation notice shall
be served by certified mail, return receipt requested, or by personal
service.
[Added 1-23-2024 by L.L. No. 2-2024]
In any case where a provision of this chapter is found to conflict
with a provision of any ordinance or local law, or with a provision
of any statute, rule, regulation, or order of the State of New York,
the provision which establishes the higher standard for the promotion
of health, safety or welfare of the residents of the Town of Farmington
shall prevail. In any case where a provision of this chapter is found
to conflict with a provision of any other ordinance or local law existing
on the effective date of this chapter, the provision which establishes
a lower standard for the promotion of health, safety or welfare of
the residents of the Town of Farmington shall prevail.