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the stop-work order has been duly rescinded.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.
