A. 
Whenever it shall appear to the Superintendent, after investigation, that any person has violated any provision of this chapter (other than a provision of § 447-33), the Superintendent 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 Superintendent. 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 Superintendent. 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 Town Code enforcement procedures otherwise authorized by law.
B. 
Any person who willfully violates any provision of this chapter (other than a provision of § 447-33) or any order of the Superintendent issued pursuant to Subsection A above shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $1,000 or imprisonment not exceeding one year, or 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.
[Amended 11-9-2009 by L.L. No. 5-2009]
C. 
Any person violating any of the provisions of this chapter shall, in addition, be liable to the Town for any expense, loss or damage occasioned to the Town by reason of such violations and any expense incurred in correcting the violation.
D. 
The Town Attorney, on his own initiative or at the request of the Superintendent, shall have the right to seek equitable relief in the name of the Town to restrain the violation of or to compel compliance with this chapter or any order or determination issued thereunder by the Superintendent.
E. 
Notwithstanding any inconsistent provisions of law, whenever the Superintendent finds, after investigation, that any user is causing, engaging in or maintaining a condition or activity which, in his 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 Superintendent may, without prior hearing, order such user by notice, in writing wherever practicable or in such other form as, in his 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 Superintendent may take all appropriate action to abate the violating condition, including disconnecting the user's premises from the Town public sewer system. As promptly as possible thereafter, not to exceed 15 days, the Superintendent shall provide the user with the written notice required by Subsection A of this section.
A. 
Any person who violates any provision of § 447-33 of this chapter shall be liable to the Board for a civil penalty of not more than $1,000 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.
[Amended 11-9-2009 by L.L. No. 5-2009]
B. 
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 Town, 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.
C. 
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 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.
D. 
Any person who willfully violates any provision of § 447-33 above shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $300 nor more than $1,000 or by imprisonment for a term of not more than one year, 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.
[Amended 11-9-2009 by L.L. No. 5-2009]
E. 
Any person violating any provision of § 447-33 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.
F. 
The Board's attorney, or the Town Attorney at the request of the Joint Sewage Board, shall have the right to seek equitable relief in the name of the Town to restrain the violation of or to compel compliance with any provision of § 447-33 of this chapter.
G. 
Notwithstanding any inconsistent provisions of law, whenever the Board finds, after investigation, that any user within the Town 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 Town public sewer system. As promptly as possible thereafter, not to exceed 15 days, the Board shall provide the user an opportunity to be heard in accordance with the provisions of its rules and regulations.
H. 
Notwithstanding any other provisions of law, the admission into the Town public sewers of any wastes shall be subject to the review and approval of the Joint Sewage Board. The Joint Sewage Board is hereby granted authority, concurrent with that of the Town, to enforce against any user within the Town all requirements necessary to ensure compliance with the provisions of the Rules and Regulations of the Joint Sewage Board, including but not limited to the provisions of Articles 12 (New or Modified Sewer Connection Application Program), Article 13 (Infiltration/Inflow Offset Program) and Article 14 [Capacity, Management, Operation and Maintenance (CMJOM) Program]. Nothing contained herein, however, shall be construed as precluding the Town from seeking against any user such remedial action as it deems appropriate for correcting any violation of its local laws, ordinances or regulations governing use of the Town public sewer system
[Added 12-10-2012 by L.L. No. 4-2012]