Village of Johnson City, NY Enforcement; Penalties for Offenses

Whenever it shall appear to the Director of Services, after investigation, that any person has violated any provision of this Part 3 (other than a provision of § 222-88), the Director shall give written notice to the alleged violator or violators setting forth the nature of the violation and directing that the matters complained of be corrected within such reasonable time limit as may be set by the Director of Services. Any such notice shall be served on the violator by personal service or by registered or certified mail sent to the last address of the violator known to the Director. Where the address is unknown, service may be made upon the owner of record of the property involved. If satisfactory action is not taken within the time allotted by the notice, the violator shall be subject to the penalty provisions set forth in Subsection B below, in addition to any village code enforcement procedures otherwise authorized by law.

Any person who willfully violates any provision of this Part 3 (other than a provision of § 222-88) or any order of the Director of Services issued pursuant to Subsection A above shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100.) nor more than five hundred dollars ($500.). Each offense shall be a separate and distinct offense, and in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.

Any person violating any of the provisions of this Part 3 shall, in addition, be liable to the village for any expense, loss or damage occasioned to the village by reason of such violations and any expense incurred in correcting the violation.

The Village Attorney, on his or her own initiative or at the request of the Director of Services, shall have the right to seek equitable relief in the name of the village to restrain the violation of or to compel compliance with this Part 3 or any order or determination issued thereunder by the Director.

Notwithstanding any inconsistent provisions of law, whenever the Director of Services finds, after investigation, that any user is causing, engaging in or maintaining a condition or activity which in his or her judgment presents an imminent danger to the public health, safety or welfare or to the environment or is likely to result in irreversible or irreparable damage to the public sewer system and it therefore appears to be prejudicial to the public interest to delay action until notice and an opportunity for a hearing can be provided, the Director may, without prior hearing, order such user by notice, in writing wherever practicable or in such other form as in his or her judgment will reasonably notify such person whose practices are intended to be proscribed, to discontinue, abate or alleviate such condition or activity, and thereupon such person shall immediately discontinue, abate or alleviate such condition or activity. In the event of a user's failure to comply voluntarily with such emergency order or where the giving of notice is impracticable, the Director may take all appropriate action to abate the violating condition, including disconnecting the user's premises from the village public sewer system. As promptly as possible thereafter, not to exceed fifteen (15) days, the Director shall provide the user with the written notice required by Subsection A of this section.

Any person who violates any provision of § 222-88 of this Part 3 shall be liable to the Board for a civil penalty of not less than one hundred dollars ($100.) nor more than five hundred dollars ($500.) for each violation, to be assessed by the Board after a hearing or opportunity to be heard in accordance with the procedures set forth in the Board's rules and regulations. Each violation shall be a separate and distinct violation, and in the case of a continuing violation, each day's continuance thereof shall be deemed a separate and distinct violation. Such penalty may be recovered in an action brought by the Board's attorney in any court of competent jurisdiction.

In addition to the power to assess penalties as set forth in Subsection A above, the Board is hereby empowered, following a hearing or opportunity to be heard in accordance with the provisions of its rules and regulations, to issue an order in the name of the Board and of the village enjoining the violator from continuing the violation. Any such order of the Board shall be enforceable in an action brought by the Board's attorney in any court of competent jurisdiction.

Any civil penalty or final order issued by the Board pursuant to Subsection B may be reviewed in a proceeding brought pursuant to Article 78 of the New York Civil Practice Law and Rules. Application for such review must be made within thirty (30) days after service in person or by mail of a copy of the determination or order upon the attorney of record for the applicant or upon the applicant in person if not represented by an attorney.

Any person who willfully violates any provision of § 222-88 above shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than three hundred dollars ($300.) nor more than one thousand dollars ($1,000.) or by imprisonment for a term of not more than six (6) months, or by both such fine and imprisonment. Each offense shall be a separate and distinct offense, and in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.

Any person violating any provision of § 222-88 above shall, in addition, be liable to the Joint Sewage Board for any expense, loss or damage occasioned to the Board by reason of such violation and any expense incurred in correcting the violation.

The Board's attorney, or the Village Attorney at the request of the Joint Sewage Board, shall have the right to seek equitable relief in the name of the village to restrain the violation of or to compel compliance with any provision of § 222-88 of this Part 3.

Notwithstanding any inconsistent provisions of law, whenever the Board finds after investigation that any user within the village is causing, engaging in or maintaining a condition or activity which, in its judgment, presents an imminent danger to the public health, safety or welfare or to the environment or is likely to result in irrevocable or irreparable damage to the joint sewage treatment plant and it therefore appears to be prejudicial to the public interest to delay action until notice and an opportunity for a hearing can be provided, the Board may, without prior hearing, order such user by notice, in writing wherever practicable or in such other form as in the Board's judgment will reasonably notify such person whose practices are intended to be proscribed, to discontinue, abate or alleviate such condition or activity, and thereupon such person shall immediately discontinue, abate or alleviate such condition or activity. In the event of a user's failure to comply voluntarily with such emergency order or where the giving of a notice is impracticable, the Board may take all appropriate action to abate the violating condition, including disconnecting the user's premises from the village public sewer system. As promptly as possible thereafter, not to exceed fifteen (15) days, the Board shall provide the user an opportunity to be heard in accordance with the provisions of its rules and regulations.