Town of Greece, NY
Monroe County
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Table of Contents
Table of Contents
A. 
Whenever the Chief Engineer has reasonable grounds to believe that work on any site is proceeding without a valid stormwater permit or the site is otherwise in violation of the provisions of any applicable law, code, ordinance or regulation or is not in conformity with any of the provisions of the application, plans or specifications on the basis of which a permit was issued or is being continued in an unsafe and dangerous manner, the Chief Engineer shall notify either the owner of the property or the owner's agent or the operator performing work to immediately suspend all work. Should notice shall be in writing and shall be known as a "stop-work order." In such instance, any and all persons shall immediately suspend all related activities until the stop-work order has been duly rescinded.
B. 
Such stop-work order shall be in writing on a form prescribed by the Chief Engineer and shall state the reason for the stop-work order, together with the date of issuance. The stop-work order shall bear the signature of the Chief Engineer or his/her authorized representative and shall be prominently posted at the work site. The posting of a stop-work order on the job site shall be deemed sufficient notice to suspend all work.
A. 
Commencement of proceedings. Whenever the Chief Engineer or his/her authorized representative has inspected any site and has determined that said site is in violation of any provision of this chapter, the Chief Engineer or his/her duly authorized representative shall commence proceedings to cause the correction of the violation.
B. 
Notice to correct a violation. Absent an emergency, as set forth in this section, whenever the Chief Engineer or his/her authorized representative determines that a site is in violation of any provision of this chapter, he/she shall give notice by regular mail of such violation or alleged violation to the person or persons responsible for such violation or upon the owner, occupant, agent or operator, as the case may require. Such notice shall be in writing and shall specify the alleged violation and shall provide a reasonable time of not less than five days for compliance. Such notice may contain an outline or mention of the remedial action that will be taken to effect compliance in the event the owner or operator does not comply with said notice within the time period specified therein. The Chief Engineer or his/her authorized representative may extend the compliance time specified in any notice issued under the provisions of this chapter where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance.
C. 
Emergency action. Whenever the Chief Engineer or his/her authorized representative has determined that a condition exists which poses an immediate threat to health, safety, or the environment, he/she may, without prior notice, issue a notice citing the violation and ordering that such action be taken as is necessary to remove or abate the hazard or danger. Such notice may include an order to stop work, stabilize the site or take other appropriate emergency measures. Notwithstanding any other provision of this chapter, such an order shall be effective immediately upon personal service to the person or persons responsible for such violation or upon the owner, occupant, agent or operator, as the case may require, and/or posting of the site and shall be complied with immediately or as otherwise provided. The Chief Engineer or his/her authorized representative may extend the compliance time specified in any order issued under the provisions of this chapter where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance. Whenever the Chief Engineer or his/her authorized representative determines that the condition which poses an immediate threat to health, safety, or the environment has not been corrected in the time specified by the order issued, he/she may take such direct action as is necessary, including demolition or whatever other action may be required to remove or abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided herein.
A. 
Whenever a notice or notices referred to in the above subsections of this chapter has been or have been served by regular mail and personal service upon the person or persons responsible for such violation or upon the owner, occupant, agent or operator, as the case may require, or posting of premises where violations are deemed to exist, and such owner or owners shall neglect or fail to comply with the requirements of such notice or notices within the time provided therein, the Chief Engineer or his/her authorized representative may authorize the work to be done and pay the cost thereof out of general Town funds.
B. 
The Town shall be reimbursed for the cost of the work performed or services rendered by direction of the Chief Engineer or his/her authorized representative, as hereinabove provided, by assessment and levy upon the lots or parcels of land wherein such work was performed or such services rendered, and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
The Chief Engineer or his/her authorized representative shall have the authority, pursuant to the New York State Criminal Procedure Law, to issue an appearance ticket subscribed by him/her, directing a designated person to appear in a designated local criminal court at a designated future time in connection with the alleged commission of a designated violation of this chapter or any order made thereunder.
Any person who fails to comply with any provision of this chapter or who fails to comply with any notice, order or directive of the Chief Engineer or his/her authorized representative after expiration of the time for compliance established in accordance with this chapter shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment not to exceed one year, or both, for such violation. In the event of any failure to so comply, each and every day that such violation continues shall constitute a separate offense, and the penalties prescribed above shall be applicable to each such separate offense.