[HISTORY: Adopted by the Village Board of Trustees of the
Village of Pleasantville as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-14-2008 by L.L. No. 1-2008]
The purpose of this article is to provide for the health, safety
and general welfare of the residents of the Village of Pleasantville
through the regulation of connections to the Village's municipal
separate storm sewer system (MS4) and the regulation of nonstormwater
discharges to the MS4 to the maximum extent practicable as required
by federal and state law. This article establishes methods for controlling
the introduction of pollutants into the MS4 in order to comply with
requirements of the New York State Department of Environmental Conservation's
(NYSDEC) SPDES General Permit (GP-02-02) for Municipal Separate Storm
Sewer Systems. The objectives of this article are:
A.
To meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-02-02, or as amended or revised;
B.
To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes;
C.
To prohibit unauthorized and illicit connections, activities and
discharges to the MS4;
D.
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article; and
E.
To promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet waste, wastewater,
grease, oil, petroleum products, cleaning products, paint products,
hazardous waste, sediment and other pollutants into the MS4.
Whenever used in this article, unless a different meaning is
stated in a definition applicable to only a portion of this article,
the following terms will have meanings set forth below:
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat and industrial
use) are impaired by pollutants, prepared periodically by the NYSDEC
as required by Section 303(d) of the Clean Water Act. 303(d) listed
waters are estuaries, lakes and streams that fall short of state surface
water quality standards and are not expected to improve within the
next two years.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Code of the Village of Pleasantville, New York.
An authorization for connection as well as a discharge permitted under § 146-12 of this article, as well as a discharge permitted under a SPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the NYSDEC. This permit is subject to special terms and conditions by the Superintendent. The permit will expire on or before the expiration of the NYSDEC SPDES permit, waiver or order or upon change of ownership or use of the property.
Activities requiring authorization under a NYSDEC SPDES permit
for stormwater discharges from construction activity, GP-02-01, as
amended or revised, or activities covered by erosion and sediment
control or pollution prevention plan laws, ordinances or regulations
of the Village. These activities include construction projects resulting
in land disturbance equal to or greater than the area stipulated in
statutes or regulations of the state, county or the Village, whichever
is most restrictive. Such activities include, but are not limited
to, clearing and grubbing, grading, excavating and demolition.
The County of Westchester.
New York State licensed professional engineer or licensed
architect.
An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per § 146-5A of this article), from properties occupied by private dwellings.
Any material, including any substance, waste or combination
thereof, which because of its quantity, concentration or physical,
chemical or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property or the environment when improperly treated,
stored, transported, disposed of or otherwise managed.
Any action or condition, active or passive, that results
in nonstormwater entering the Village's MS4.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
Any conveyances which allow any nonstormwater discharge including
treated or untreated sewage, process wastewater and wash water to
enter the MS4, and any connections to the storm drain system from
indoor drains and sinks, regardless of whether said drain or connection
had been previously allowed, permitted or approved by an authorized
enforcement agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the MS4 which has not been documented in plans, maps or
equivalent records and approved by an authorized enforcement agency;
Any building or structure floor drain or trench drain; and
Any unauthorized connection as defined elsewhere in this section.
Any discharge through an unauthorized connection, and any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 146-5 of this article.
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
Municipal separate storm sewer system owned by the Village
or another municipal entity.
A county, town, city or village or other unit of government.
A conveyance or system of conveyances and retention and infiltration
facilities (including roads with drainage systems, curbs and gutters
on municipal streets, manholes, catch basins, ditches, man-made channels,
or storm drains, stormwater basins, drainage reserve areas, drywells
or any other component of a stormwater system) that is:
Any discharge to the MS4 that is not composed entirely of
stormwater.
The New York State Department of Environmental Conservation.
Office of the Superintendent of Public Works of the Village
of Pleasantville.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to, dredged spoil, filter backwash,
solid waste, incinerator residue, treated or untreated sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, radioactive
materials, hazardous materials, heat, wrecked or discarded equipment,
rock, sand and industrial, municipal, agricultural waste and ballast
discharged into water; which may cause or might reasonably be expected
to cause pollution of the waters of the state in contravention of
the standards. Also, paints, varnishes and solvents; oil and other
automotive fluids; hazardous or nonhazardous liquid and solid wastes,
yard wastes including branches, grass clippings and leaves; refuse,
rubbish, garbage, litter or other discarded or abandoned objects and
accumulations so that same may cause or contribute to pollution; and
discharges of soaps, detergents or floatables; pesticides, herbicides
and fertilizers; sewage, fecal coliforms and pathogens; dissolved
and particulate metals; animal wastes; wastes and residues that result
from constructing a building, structure or site improvements; cement,
gravel, sand, silt, mud, other soils, and noxious or offensive matter
of any kind.
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
DISCHARGE COMPLIANCE WITH WATER QUALITY STANDARDSThe condition that applies where an MS4 has been notified that the discharge of stormwater authorized under their MS4 SPDES permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition the MS4 must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
LISTED WATERSTERS — The condition in an MS4 SPDES permit that applies where the MS4 discharges to a NYSDEC 303(d) listed water. Under this condition the MS4's stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water.
TOTAL MAXIMUM DAILY LOAD (TMDL) STRATEGYThe condition in an MS4 SPDES permit where a TMDL including requirements for control of stormwater discharges has been approved by the EPA for a water body or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the MS4 was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
The condition in an MS4 permit that applies if a TMDL is approved
in the future by EPA for any water body or watershed into which an
MS4 discharges. Under this condition the MS4 must review the applicable
TMDL to see if it includes requirements for control of stormwater
discharges. If an MS4 is not meeting the TMDL stormwater allocations,
the MS4 must, within six months of the TMDLs approval, modify its
stormwater management program to ensure that reduction of the pollutant
of concern specified in the TMDL is achieved.
An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per § 146-5A of this article), from all properties occupied by other than private dwellings.
State of New York.
A permit issued by the NYSDEC that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, subsurface drainage and snowmelt.
The Superintendent of Public Works of the Village of Pleasantville
(or the person serving in the capacity of the Superintendent) or his/her
authorized deputies, agents or representatives, including employees
of other Village departments, as appropriate. The SMO is to enforce
this article, review stormwater pollution prevention plans, forward
the plans to the applicable municipal board and inspect stormwater
management practices.
The Superintendent of Public Works of the Village of Pleasantville.
Total maximum daily load.
The maximum amount of a pollutant allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
A permanent or temporary unapproved direct or indirect conveyance
to the Village's MS4. Any connection, pipe, hose or other conveyance
that is not documented on plans, maps or equivalent records signed
by the Superintendent, or that is not approved by a permit issued
by the Superintendent, is considered unauthorized regardless of whether
the discharge is otherwise allowed by this article.
Free of pollutants (see definition of "pollutant").
The Village of Pleasantville.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This article shall apply to discharged connections to the Village
MS4. This includes activities that result in discharge, seepage or
deposition into the Village's MS4, and all water entering the
MS4 generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency and allowed by a discharge
or connection permit or other document approved by the Superintendent.
This article shall also apply to discharges and connections entering
another MS4 that is tributary to the Village MS4.
The Superintendent of Public Works of the Village of Pleasantville,
as the Stormwater Management Officer (SMO) for the Village, or duly
authorized deputies, agents or representatives, including employees
of other Village departments, as appropriate, shall administer, implement
and enforce the provisions of this article.
No person shall discharge or cause to be discharged into the
Village's MS4 any materials other than stormwater except as provided
in Subsection A. The commencement, conduct or continuance of any illicit
(illegal) discharge to the MS4 is prohibited except as described as
follows:
A.
The following discharges are exempt from discharge prohibitions established
by this article, unless they are subsequently determined to be substantial
contributors of pollutants: water line flushing or other potable water
sources, uncontaminated landscape irrigation or lawn watering, existing
diverted stream flows, rising groundwater, uncontaminated groundwater
infiltration to storm drains, uncontaminated pumped groundwater, foundation
or footing drains, uncontaminated crawl space or basement sump pump
discharges, air-conditioning condensate, uncontaminated irrigation
water, springs, water from individual residential car washing, natural
riparian habitat or wetland flows, dechlorinated swimming pool discharges,
residential street wash water, water from fire-fighting activities,
and any other water source not containing pollutants. Such exempt
discharges shall be made in accordance with an appropriate plan for
reducing pollutants.
B.
Discharges approved in writing by the Superintendent to protect life
or property from imminent harm or damage, provided that such approval
shall not be construed to constitute compliance with other applicable
laws, codes and requirements, and further provided that such discharges
may be permitted for a specified time period and under such conditions
as the Superintendent may deem appropriate to protect such life and
property while reasonably maintaining the purpose and intent of this
article.
C.
Dye testing in compliance with applicable state and local laws or
codes is an allowable discharge, but requires a verbal notification
to the Superintendent prior to the time of the test.
D.
The prohibition shall not apply to any discharge permitted under
an SPDES permit, waiver or waste discharge order issued to the discharger
and administered under the authority of the NYSDEC, provided that
the discharger is in full compliance with all requirements of the
permit, waiver or order and other applicable laws, codes and regulations,
and provided that written approval has been granted for any discharge
to the MS4 by the Superintendent.
A.
Connections to the Village's MS4 without a permit are prohibited.
(1)
Any connection to the Village's MS4 is considered to be an unauthorized
connection unless it has been approved by a permit issued by the Superintendent
or documented on a plan or map that has been approved by the Superintendent.
This constraint applies to all connections, permanent or temporary,
regardless of whether the discharge is otherwise permitted by this
article.
(2)
The construction, use, maintenance or continued existence of unauthorized
connections to the Village's MS4 is prohibited.
(3)
This prohibition expressly includes, without limitation, connections
made in the past, regardless of whether the connection was permissible
under law, code or practices applicable or prevailing at the time
of connection.
(4)
A person is considered to be in violation of this article if the
person connects a line conveying sewage or other pollutants to the
Village's MS4, or allows such a connection to continue.
(5)
The connection of interior floor drains and trench drains at the
entrances to buildings or other structures is prohibited.
No persons shall operate a failing individual sewage treatment
system in areas tributary to the Village's MS4. A failing individual
sewage treatment system is one which has one or more of the following
conditions:
A.
The backup of sewage into a structure.
B.
Discharges of treated or untreated sewage onto the ground surface.
C.
A connection or connections to a separate stormwater sewer system.
D.
Liquid level in the septic tank above the outlet invert.
E.
Structural failure of any components of the individual sewage treatment
system that could lead to any of the other failure conditions as noted
in this section.
F.
Contamination of off-site groundwater.
A.
Activities that are subject to the requirements of this section are
those types of activities that:
(1)
Cause or contribute to a violation of the Village's MS4 SPDES
permit.
(2)
Cause or contribute to the Village being subject to the special conditions as defined in § 146-2 of this article.
(3)
Cause or contribute to the Village's MS4 receiving pollutants as defined in § 146-2 of this article.
(4)
Cause or contribute to the Village's MS4 receiving discharges
from an undocumented or unauthorized connection (whether permanent
or temporary).
B.
Such activities include failing individual sewage treatment systems as defined in § 146-7 of this article, improper management of pet waste or any other activity that causes or contributes to violations of the Village's MS4 SPDES permit authorization.
C.
Upon notification to a person that he or she is engaged in activities
that cause or contribute to violations of the Village's MS4 SPDES
permit authorization or cause or contribute to pollutants being discharged
to the Village's MS4, that person shall take all reasonable actions
to correct such activities such that he or she no longer causes or
contributes to violations of the Village's MS4 SPDES permit authorization,
or causes or contributes to pollutants to be discharged or deposited
into the Village's MS4.
A.
Best management practices. Where the Superintendent has identified illicit discharges as defined in § 146-2 of this article or activities contaminating stormwater as defined in § 146-6 of this article, the Superintendent may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)
The owner or operator of a commercial or industrial establishment
shall provide, at their own expense, reasonable protection from accidental
discharge of prohibited materials, pollutants or other wastes into
the MS4 through the use of structural and nonstructural BMPs.
(2)
Any person responsible for a property or premises which is or may be the source of an illicit discharge as defined in § 146-2 of this article, or an activity contaminating stormwater as defined in § 146-8 of this article, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
(3)
Compliance with all terms and conditions of a valid SPDES permit
authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed in compliance
with the provisions of this section.
B.
Individual sewage treatment systems. Response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants: Where individual sewage treatment systems are contributing to the Village's MS4 being subject to the special conditions as defined in § 146-2 of this article, the owner or operator of such individual sewage treatment systems shall be required to:
(1)
Maintain and operate individual sewage treatment systems as follows:
(a)
Inspect the septic tank annually to determine scum and sludge
accumulation; septic tanks must be pumped out whenever the bottom
of the scum layer is within three inches of the bottom of the outlet
baffle or sanitary tee or the top of the sludge is within 10 inches
of the bottom of the outlet baffle or sanitary tee;
(b)
Avoid the use of septic tank additives;
(c)
Avoid the disposal of excessive quantities of detergents, kitchen
wastes, laundry wastes and household chemicals; and
(d)
Avoid the disposal of cigarette butts, disposable diapers, sanitary
napkins, trash and other such items.
(2)
Repair or replace individual sewage treatment systems as follows:
(a)
In accordance with 10 NYCRR Appendix 75A to the maximum extent
practicable.
(b)
A design professional licensed to practice in New York State
shall prepare design plans for any type of absorption field that involves:
(c)
A written certificate of compliance shall be submitted by the
design professional to the Village at the completion of construction
of the repair or replacement system.
A.
The Superintendent may, without prior notice, suspend MS4 discharge
access to a person when such suspension is necessary to stop an actual
or threatened discharge, which presents or may present imminent and
substantial danger to the environment, to the health or welfare of
persons, or to the MS4. The Superintendent shall notify the person
of such suspension within a reasonable time thereafter in writing
of the reasons for the suspension. If the violator fails to comply
with a suspension order issued in an emergency, the Superintendent
may take such steps as deemed necessary to prevent or minimize damage
to the MS4 or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge or unauthorized
connection. Any person discharging to the Village's MS4 in violation
of this article may have their MS4 access terminated if such termination
would abate or reduce an illicit discharge or result in the remedy
of an unauthorized connection. The Superintendent will notify a violator
in writing of the proposed termination of its MS4 access and the reasons
therefor. The violator may petition the Superintendent for a reconsideration
and hearing. Access may be granted by the Superintendent if he/she
finds that the illicit discharge has ceased and the discharger has
taken steps to prevent its recurrence, or that the discharger has
obtained proper permission for the connection. Access may be denied
if the Superintendent determines in writing that the illicit discharge
has not ceased or is likely to recur or the unauthorized connection
has not been remedied. A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this section, without
the prior approval of the Superintendent.
Any person subject to an industrial or construction activity
SPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the Superintendent prior to the allowing of
discharges to the MS4.
A.
General. Any connection to the Village's MS4 requires a permit
issued by the Superintendent. Applications for permits shall be made
on forms provided by the office of the Superintendent. Permit applications
shall be supplemented by any plans, specifications, analyses, calculations
or other information considered pertinent by the Superintendent. The
Village considers connection to its MS4 as a last resort to solve
flooding problems. Before approving a connection, the Village will
require that applicants use on-site best management practices to handle
stormwater and other authorized nonstormwater discharges to the maximum
extent practicable. The office of the Superintendent will assess the
adequacy of the applicant's on-site stormwater disposal management
practices.
B.
Permit types.
(1)
General permit: an authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per § 146-5A of this article), from properties occupied by private dwellings.
(2)
Connection permit: an authorization for connection as well as discharge authorized under § 146-12 of this article, as well as for a discharge permitted under an SPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the NYSDEC. This permit is subject to special terms and conditions by the Superintendent. The permit will expire on or before the expiration of the NYSDEC SPDES permit, waiver or order or upon change of ownership or use of the property.
C.
Permit fees. The following fee schedule:
|
Type of Permit
|
Application and Filling Fee
|
Inspection Fee
| |
|---|---|---|---|
|
General permit
|
$25
|
None
| |
|
§ 146-5D permit
|
$250
|
$500
| |
|
Special permit
|
$250
|
$500
|
D.
Inspection. All connections to the Village's MS4 shall be subject
to the approval and inspection by the Village. The applicant must
notify the office of the Superintendent at least 48 hours prior to
commencing work and at least 48 hours prior to final restoration.
E.
Indemnification. The property owner shall indemnify and save the
Village harmless from any loss, damage or expense, claims or suits
arising out of and in connection with the installation and connection
to the Village's MS4. In addition, the Village makes no guarantee
that its MS4 will not become surcharged or otherwise overburdened
and that water from the MS4 will not back up through the connection
onto the owner's property. By making a connection, the applicant/owner
assumes all of the risk and liability that may arise from it.
F.
Permit transfers. General permits may be transferred with the sale
of a residential property, provided that the use does not change.
The new property owner shall comply with the terms and conditions
of the transferred permit. Special permits are not transferable without
approval of the Superintendent.
G.
Work within Village roads. Any connection made within or involving
work within a Village road will also comply and be subject to any
and all applicable codes and regulations pertaining to permits for
work on and within Village streets and roads. A permit under this
article does not relieve the applicant from the permits under the
foregoing codes and regulations.
H.
Other permits required. A connection permit issued pursuant to this
article does not relieve the applicant from any and all other permits,
permissions or compliance with rules and regulations that may be required
by federal, state, county, town, city, or village government agencies
or other public or private parties. This permit does not supersede
any of the above.
I.
Permit rules and regulations. The Superintendent may promulgate rules
and regulations for the permitting process within the constraints
of this article.
A.
Applicability. This section applies to all facilities that the Superintendent
must inspect to enforce any provision of this article, or whenever
the authorized enforcement agency has cause to believe that there
exists, or potentially exists, in or upon any premises any condition
that constitutes a violation of this article.
B.
Access to facilities.
(1)
The SMO shall be permitted to enter and inspect facilities public
and private subject to regulation under this article as often as may
be necessary to determine compliance with this article. If a discharger
has security measures in force that require proper identification
and clearance before entry into its premises, the discharger shall
make the necessary arrangements to allow access to the SMO.
(2)
Facility operators shall allow the SMO ready access to all parts
of the premises for the purposes of inspection, sampling, examination
and copying of records as may be required to implement this article.
(3)
The Village shall have the right to set up on any facility subject
to this article such devices as are necessary in the opinion of the
Superintendent to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4)
The Superintendent has the right to require the facilities subject
to this article to install monitoring equipment as is reasonably necessary
to determine compliance with this article. The facility's sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the discharger at its own expense.
All devices used to measure stormwater flow and quality shall be calibrated
to ensure their accuracy.
(5)
Unreasonable delays in allowing the Village access to a facility
subject to this article are a violation of this article. A person
who is the operator of a facility subject to this article commits
an offense if the person denies the Village reasonable access to the
facility for the purpose of conducting any activity authorized or
required by this article.
(6)
If the SMO has been refused access to any part of the premises from
which stormwater is discharged, and he/she is able to demonstrate
probable cause to believe that there may be a violation of this article,
or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program designed to verify compliance with
this article or any order issued hereunder, then the SMO may seek
issuance of a search warrant from any court of competent jurisdiction.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation, has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into the MS4, said
person shall take all necessary steps to ensure the discovery, containment
and cleanup of such release. In the event of such a release of hazardous
materials said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the Superintendent in person or by telephone or facsimile no later
than the next business day. Notifications in person or by telephone
shall be confirmed by written notice addressed and mailed to the Superintendent
within three business days of the telephone notice. If the discharge
of prohibited materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least three years.
A.
Notice of violation. When the Superintendent finds that a person
has violated a prohibition or failed to meet a requirement of this
article or a permit issued pursuant to this article, he/she may order
compliance by written notice of violation to the responsible person.
Such notice may require without limitation any or all of the actions
listed below:
(1)
The elimination of illicit or unauthorized connections or discharges;
(2)
That violating discharges, practices, operations, activities or connections
shall cease and desist;
(3)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(4)
The performance of monitoring, analyses and reporting;
(5)
Payment of a fine; and
(6)
The implementation of source control or treatment BMPs. If abatement
of a violation and/or restoration of affected property is required,
the notice shall set forth a deadline within which such remediation
or restoration must be completed. Said notice shall further advise
that, should the violator fail to remediate or restore within the
established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator.
B.
Penalties. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this article
shall be guilty of a violation punishable by a fine not exceeding
$1,000 or imprisonment for a period not to exceed two months, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $1,000 nor more than $2,000 or imprisonment
for a period not to exceed two months, or both; and upon conviction
for a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $2,000
nor more than $5,000 or imprisonment for a period not to exceed two
months, or both. However, for the purposes of conferring jurisdiction
upon courts and judicial officers generally, violations of this article
shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
Any person receiving a notice of violation may appeal within
15 calendar days of its issuance. The Superintendent shall hear the
appeal within 30 days after the filing of the appeal and, within five
days of making his/her decision, issue a decision by certified mail
to the discharger. The Superintendent may conduct the hearing and
take evidence or may designate any officer or employee of the office
of the Superintendent to do so.
A.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
within five business days of the decision of the Superintendent, then
the Superintendent shall request the owner's permission for access
to the subject private property to take any and all measures reasonably
necessary to abate the violation and/or restore the property.
B.
If refused access to the subject private property, the Superintendent
may seek a warrant in a court of competent jurisdiction to be authorized
to enter upon the property to determine whether a violation has occurred.
Upon determination that a violation has occurred, the Superintendent
may seek a court order to take any and all measures reasonably necessary
to abate the violation and/or restore the property. The cost of implementing
and maintaining such measures shall be the sole responsibility of
the discharger.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the Superintendent may petition for a preliminary or permanent
injunction restraining the person from activities which would create
further violations or compelling the person to perform abatement or
remediation of the violation.
A.
Where a person has violated a provision of this article, he/she may
be eligible for alternative remedies in lieu of a civil penalty, upon
recommendation of the Village Attorney and concurrence of the Superintendent,
where:
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this article is a threat to public health, safety
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate, enjoin or otherwise compel the cessation of such
nuisance may be taken.
The remedies listed in this article and regulations are not
exclusive of any other remedies available under any applicable federal,
state or local law and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
All prior codes and parts of codes in conflict with this article
are hereby repealed.
