Written notice of violation shall be issued
to any property owner found in violation of this chapter, stating
the date(s) by which corrective action shall be completed. Any violation
beyond that date shall be punishable by a fine not to exceed $250
per day to be recovered by the Town Board in any court of competent
jurisdiction. Each such person shall be deemed guilty of a separate
offense for each day that such violation, disobedience, omission,
neglect or refusal shall continue. Where the person committing such
violation is a partnership, association or corporation, the principal
executive officer, partner, agent or manager may be considered to
be the person for the purposes of this article. The penalty provisions
of the Department of Environmental Conservation and/or Department
of Health may also apply.
In case of any violation or threatened violation
of any of the provisions of this chapter, in addition to other remedies
herein provided, the Town Board or its designee, including, but not
limited to, the Town Attorney and/or the Code and Zoning Enforcement
Officer may institute any appropriate action or proceeding to prevent
unlawful construction, structural alteration, repair, reconstruction,
moving and/or use, to restrain, correct or abate such violation to
prevent the use of the wastewater treatment system or to prevent any
illegal act, conduct, business or use regarding such treatment system.
Any permit or approval granted under this chapter which is based upon or is granted in reliance upon any material misrepresentation, or failure to make a material fact or circumstance known, by or on behalf of an applicant, shall be void. This section shall not be construed to affect the remedies available to the Town Board under §§ 129-25 and 129-26 of this chapter.
