A. 
The Code and Zoning Enforcement Officer shall have the duty to administer and enforce the provisions of this chapter. Persons adversely affected by an action, omission, decision or ruling by the Code and Zoning Enforcement Officer may appeal to the ZBA, which shall render a decision regarding the appeal only after holding a hearing on the matter in accordance with the time periods set forth in § 129-23 of this chapter. The Code and Zoning Enforcement Officer shall not plan, design, construct, sell or install wastewater treatment systems within the Town.
B. 
The Code and Zoning Enforcement Officer may, by written notice, order all further work stopped on any wastewater treatment system which is being constructed or installed in violation of this chapter.
C. 
As further set forth in Subsection E, the Code and Zoning Enforcement Officer may conduct such inspections, investigations, examinations, tests and site evaluations with respect to an application for a wastewater treatment system permit and/or the issuance of a treatment use certificate.
D. 
In the case of multiple-family systems or systems serving more than one principal use, the establishment of a proper legal entity, such as a transportation corporation or homeowners' association, will be required and a copy of any agreement between the property owners shall be provided to the Code and Zoning Enforcement Officer.
E. 
Inspection, investigation, examination, testing and evaluation of systems.
(1) 
The Code and Zoning Enforcement Officer or his/her designee may inspect, investigate, examine, test and evaluate (hereinafter collectively referred to as "inspections"), or order the property owner(s) to obtain same, any wastewater treatment system built after this chapter takes effect to ensure that it is being maintained in proper working order. Inspections shall be made during any reasonable hours. Where the Code and Zoning Enforcement Officer determines that a system is not being maintained in compliance with this chapter or any certificate issued hereunder, he/she may order that use of the system cease, that the defects be corrected, that the misuse be abated within a reasonable time, and/or issue any other written order concerning the elimination or removal of any substandard system or component thereof. If the prescribed action is not taken within the time fixed by the Code and Zoning Enforcement Officer, he/she may revoke any certificate issued, and/or refer the matter to the Department of Health or other agency/department, in addition to other remedies herein provided.
[Amended 4-13-2009 by L.L. No. 1-2009]
(2) 
If admission for inspection(s) is refused or cannot be obtained from the person in possession or occupancy, the Code and Zoning Enforcement Officer or his his/her designee shall be authorized to obtain a warrant to make an inspection, provided that reasonable or probable cause is shown.
(3) 
In case of an emergency, the Code and Zoning Enforcement Officer or his/her designee may, without a warrant, enter any premises to inspect the same, at any time, without the permission of the person in possession or occupancy.
The original or certified copy of all applications, plans, findings, decisions, permits, certificates or other rulings of the Code and Zoning Enforcement Officer or ZBA under this chapter shall be retained in the files of the Code and Zoning Enforcement Officer as a permanent public record.
Unless otherwise stated, all petitions, applications and appeals provided for in this chapter shall be made on forms prescribed by the Code and Zoning Enforcement Officer. Completed forms shall be accompanied by whatever further information, plans or specifications may be required by such forms.
The ZBA may vary or adapt the strict application of any of the requirements of this chapter in the case whereby such strict application would result in unnecessary hardship that would deprive the property owner of the reasonable use of the land involved. No variance in the strict application of any provision of this chapter shall be granted by the ZBA unless it shall find all of the following:
A. 
That there are special circumstances or conditions, fully described in the findings of the ZBA, applying to such land and that such circumstances or conditions are such that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land.
B. 
That the variance would not be materially detrimental to the purposes and objectives of this chapter, or to other adjoining properties, or otherwise conflict with the purpose or objectives of any plan or policy of the Town.
C. 
That for reasons fully set forth in the findings of the ZBA, the granting of the variance is necessary for the reasonable use of the land and that the variance as granted by the ZBA is the minimum variance which would alleviate the specific unnecessary hardship found by the ZBA to affect the applicant.
D. 
In granting any variance, the ZBA shall prescribe and attach any reasonable conditions that it deems to be necessary or desirable.
Variances may be sought by filing an application with the ZBA using forms supplied by the Code and Zoning Enforcement Officer, which shall include all information reasonably considered by the ZBA as necessary to make its findings under § 129-23 of this chapter, including, among other things, the legal description of the property for which the variance is sought, plans and elevations necessary to fully describe the conditions for which a variance is sought, and all other information reasonably considered necessary by the ZBA for an understanding of the conditions of the property for which the variance is sought and the relationship thereof to surrounding properties.
A. 
Within 30 days of receipt by the ZBA of a completed application for a variance from the provisions of this chapter, the ZBA shall give notice by publication in an official newspaper of the Town of a public hearing to be held on the variance application which public hearing shall be held not less than five days nor more than 30 days after the publication of said notice. In addition to the publication of the notice of public hearing, at least 10 days prior to said public hearing, the Code and Zoning Enforcement Officer shall mail notices of said public hearing to all owners of properties located within 500 feet of the property for which the variance is sought. For purposes of said notice by mail, the owners of properties within 500 feet shall be determined from the latest completed assessment roll of the Town and the notices shall be mailed to said owners at the addresses set forth on said roll.
B. 
Within 30 days of the closing of the public hearing, the ZBA shall grant, grant with condition, or deny the variance applied for. The decision of the ZBA shall be in writing and shall contain each of the findings specified in § 129-21 of this chapter.
An action, decision, omission or ruling of the ZBA pursuant to this chapter may be reviewed at the request of any aggrieved person in accordance with Article 78 of the Civil Practice Law and Rules, but application for such review must be made not later than 60 days from the effective date of the decision or ruling or the date when the action or omission occurred.