[Added 3-24-1998 by L.L. No. 1-1998]
Except as hereinafter provided, it shall be unlawful to construct on any property in the Town of Fallsburg that is subject to the provisions of §
299-1 and §
299-2 of this article, any wells and connections thereto, any springs and connections thereto and any other water source or to use such well, spring or water source if there is municipal water available pursuant to §
299-1 and §
299-2 of this article.
A property owner subject to the provisions of §
299-1 and §
299-2 of this article, where conditions and special conditions exist, may apply to the Town of Fallsburg Water Department for a waiver so as to permit such property owner to use an alternate source of water such as a well, spring or other source. The determination by the Town of Fallsburg Water Department and the granting or denying of such waiver, together with such limitations as may in the discretion of the Town of Fallsburg Water Department be deemed prudent, shall be deemed final. It is the intention that such waiver may only be granted in drought conditions, conditions of water shortages or in conditions of exceptional hardship on the part of any property owner under §
299-1 and §
299-2 of this article.
[Amended 1-13-1997 by Ord. No. 1-1997; 7-13-2020 by L.L. No. 5-2020]
A. Any person, firm, corporation, organization or group who violates any of the provisions of Articles
I and or II of this chapter shall be prosecuted pursuant to §
96-15 of the Town Code.
B. Any person, firm, corporation, organization or group
who commits an offense against these regulations shall be subject
to a civil penalty enforceable and collectable by the Town in an amount
set by resolution of the Town Board. In addition to the above penalties,
the Town Board may also maintain an action or proceeding in the name
of the Town in a court of competent jurisdiction to compel compliance
or to restrain by injunction an offense against these regulations.
Where any violation of these regulations causes additional expense
to the water district, that water district shall have a cause of action
against the violator to recover such cost. The cause of action may
be asserted at the discretion of the Board and shall be in addition
to the fine, imprisonment, penalty and injunction hereinabove provided
and shall be brought by the Attorney for the Town in the name of that
water district in a court of competent jurisdiction.