Any applicant found to be violating any provision of this chapter, except § 174-55, shall be served by the town with written notice stating the nature of the violation and providing a thirty-day-or-less time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
[Amended 7-14-2022 by L.L. No. 4-2022]
Any applicant who fails to comply with the provisions of this chapter, other than those provisions pertaining to the payment of charges for services established herein, shall be guilty of disorderly conduct and shall be subject to a fine not exceeding $250 for each offense. Any commercial property owner who fails to comply with the provisions of § 174-40F shall be guilty of disorderly conduct and shall be subject to a fine not exceeding $5,000. The continued violation of any provision of any section of this chapter, other than those pertaining to the payment of charges for services established herein, shall constitute a separate offense for each and every day such violation of any provision hereof shall continue.
As an alternative, upon violation of this chapter,
the Town Board, in addition to other remedies, may institute any appropriate
action or proceedings, including an injunction to prevent such unlawful
use, construction or maintenance of cesspools, septic tanks, sewerage
disposal systems, pipes or drains, to restrain, correct or abate such
violation, to prevent the occupancy of any building, structure or
land where said violations of this chapter are found.
Any applicant violating any of the provisions
of this chapter shall become liable to the town and/or district by
reason of such violation and shall also be liable for all costs and
Department expenses associated with the repair of the damage and for
any fines imposed as a result of such violation.
The Town Board's opinion shall be controlling
in the event that differences between a Department and applicant exists
on matters concerning interpretation and execution of the provisions
of this chapter.
Any applicant who knowingly makes or provides
any false statements, representation, record, report, plan or other
documentation filed with the municipality or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device or method
required under this chapter shall be punishable in accordance with
Penal Law.
The town is also authorized to issue an order
to cease and desist and direct those persons not complying with such
prohibitions, limits, requirements or provisions of this chapter or
the wastewater discharge permit to comply forthwith or comply in accordance
with a time schedule set forth by the town, or take appropriate remedial
or preventative action in the event of a threatened violation.
If the conditions of the permit or this chapter
are not strictly adhered to, the permit may be revoked and further
discharge prohibited.
