[HISTORY: Adopted by the Board of Trustees of the Village
of Sloan as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-18-1918 (Ch. 147 of the 1989 Code[1])]
[1]
Editor's Note: This ordinance was renumbered as Art. I of
Ch. 147 of the 1989 Code 12-11-2007 by L.L. No. 3-2007.
No person shall make any connection with or opening into any
public sewer unless authorized, in writing, by the Board of Trustees.
All applications for the authority of the Board of Trustees
to make any connection with or opening into any public sewer shall
be made in writing.
A.
Every person, firm or corporation to whom such authority is granted
shall, at the time of receiving such authority, file a bond approved
by said Board in the sum of $2,000, conditioned as shall be required
by the Board.
B.
The Board reserves the right to revoke and annul any such authority
at any time it shall deem it for the interest of the Village to do
so.
Applications for permits to connect with the sewers must be
made in writing upon blanks provided by said Board by the owner of
the property to be drained or his authorized agent and by the plumber
who is to make the opening. Such applications shall be made at least
three days before opening the street and shall contain such information
as said Board shall require, and before any street is opened, the
ordinance of the Village relating to the opening of streets shall
be complied with.[1]
Any permit to connect with the sewer shall be given with the
express condition that the Board may, at any time before the work
is completed, provided that it shall deem it for the interest of the
Village to do so, revoke and annul the permit, and no party interested
shall have the right to claim damages in consequence of such revocation
or annulment.
The drain layer or plumber, authorized as provided by § 360-1
hereof, who connects any private drain with a public sewer shall be
held responsible for any injury which he or his employees may cause
to the sewer.
No person, firm or corporation shall connect any open gutter,
cesspool, privy or vault with any public sewer or with any private
drain or sewer connecting with the public sewer.
No rain conductor shall be connected, directly or indirectly,
with a public sewer unless under a special permit to be obtained from
the Board, the Board reserving the right at any time in the future
to cause said conductor to be disconnected from the sewer system so
that it will not discharge therein.
No person, firm or corporation shall injure, break into or remove
any portion of any manhole, lamp hole, flush tank or any other part
of any public sewer.
No person, firm or corporation shall deposit or cause to be
deposited any garbage, offal, dead animal, filth or any substance
having a tendency to obstruct the flow of the sewage in any manhole,
lamp hole, flush tank, sewer opening or drain or any substance which
might injure the sewer in any way whatever.
The trench for a private drain or sewer shall be dug to the
public sewer at the angle most favorable for the flow of the sewage.
The Y or branch for connection shall first be found and uncovered,
the trench then dug and the sewer laid in a straight line wherever
possible from the Y or branch to the building.
The earth from the trench shall be so placed as not to obstruct
the gutter and so as to cause the least inconvenience to the public.
[Amended 4-18-1989 by L.L. No. 1-1989]
Whenever the sides of the trench will not stand vertically,
sheeting and bracing shall be used to prevent unnecessary caving when
required by the Public Works Crew Chief. All excavations shall be
made to open out. No tunnelling will be allowed except under express
permission from the Board of Trustees.
Reasonable and proper barriers and danger signals and safeguards
must be placed and maintained on the banks of trenches to guard the
public against accidents during the progress of the work and until
the same be completed so that the persons passing along the street
or sidewalk shall not be liable to fall into any excavation made and
shall, during the whole of every night that such excavation shall
remain, cause the same to be kept securely fenced and cause light
or lights to be placed and kept upon such fence, so secured and protected
that the same shall not be extinguished.
[Amended 4-18-1989 by L.L. No. 1-1989]
The private or house drains shall be salt-galvanized, vitrified,
earthenware socket sewer pipes or PVC pipes of best quality, free
from imperfection of any nature, and at least four inches in inside
diameter from building to street curb, and from curb to main sewer
connection, six inches in inside diameter. An enlarger or reducer
shall be used wherever there is a change in the size of the pipe.
The pipe shall be laid to a uniform grade of not less than 1/8
inch per foot, unless provision is made for regular and efficient
flushing.
Curved pipe shall be used for every deflection from a straight
line, and no pipe shall be chipped to form a curve.
The joints shall be made watertight with a proper oakum or tarred
jute, gasket and cement mortar of a quality approved by the Board.
Mortar shall be one part cement to one part sand. No water, lime or
tempered-up cement shall be used.
[Amended 4-18-1989 by L.L. No. 1-1989]
The stopper of the Y or other branch on the sewer shall be carefully
removed so as not to injure the socket or the pipe and the removal
of the stopper and the connection at the Y or branch done only in
the presence and under the supervision of the Public Works Crew Chief.
The first length of pipe attached to the sewer shall be curved
and set as shall be required. The pipe shall be laid with the hub
or bell end upgrade.
The inside of every drain or sewer shall be left clean and smooth
throughout and true of line and grade.
[Amended 4-18-1989 by L.L. No. 1-1989]
In backfilling, the earth shall be carefully rammed or compacted
with water, as the Public Works Crew Chief shall require, after the
filling around and over the pipe to a depth of one foot has been carefully
placed and rammed so as to keep the pipe in proper condition to avoid
settling.
[Amended 4-18-1989 by L.L. No. 1-1989]
All the material and workmanship shall be of the best quality
and subject to the approval of the Public Works Crew Chief, and no
material shall be used or backfilling done until both material and
work have been examined and approved by him.
All private sewers or drains connecting with packing houses,
butcher shops, large rendering establishments, hotels, restaurants,
boardinghouses and laundries shall be provided with a suitable grease
trap.
Nothing except ordinary house sewage shall be connected with
the private drains or sewers.
Not more than one building shall be connected with a private
drain or sewer, except under a special written permit to be obtained
from the Board of Trustees.
[Amended 4-18-1989 by L.L. No. 1-1989]
Y or other branches, where built, must be used for making connections.
A special permit must be obtained from the Board for connecting in
any other manner, such connection to be made only in the presence
and under constant supervision of the Public Works Crew Chief and
to his entire satisfaction.
No liability shall be attached to the Board of Trustees or the
Village for the incorrect location of any Y or other branch.
No private drain or sewer shall be larger than six inches in
diameter, unless by special permit to be obtained from the Board.
[Amended 4-18-1989 by L.L. No. 1-1989]
The Public Works Crew Chief will inspect all sewer connections
and external house drains within 24 hours after a written personal
notification to said Crew Chief from the drain layer, or otherwise
it may be considered passed upon and may be covered, provided that
the drain layer shall file with the Board a written statement that
the inspection was not made within the above-mentioned time.
[Amended 4-18-1989 by L.L. No. 1-1989; 12-11-2007 by L.L. No. 3-2007]
Any person, firm or corporation violating any provisions of
Article I of this chapter shall forfeit and pay to the Village of
Sloan a penalty of not more than $250 or be imprisoned for a term
not to exceed 15 days, or both, for each offense, and the violation
by a drain layer of any provision of Article I of this chapter shall
be sufficient cause for the revocation of his authority. Enforcement
of the provisions of Article II of this chapter shall be as set forth
therein.[1]
[1]
Editor's Note: Original § 30-32 of the 1964
compilation, Permit issuance and fee, which immediately followed this
section, was repealed 8-27-1969.
[Amended 4-18-1989 by L.L. No. 1-1989]
Every owner or occupant of any lot or premises who shall receive
a permit under the foregoing rules and regulations and shall construct
or cause or permit to be constructed any private drain or sewer connecting
with the public sewer in front of his or her premises or lot and shall
fail to refill, relay to replace the street and sidewalk dug, taken
up or disturbed by him or her or his or her employees or contractor
in as good condition as the same was before the work of building said
private drain or sewer was commenced shall forfeit and pay to the
Village of Sloan a penalty of not more than $250 or be imprisoned
for a term not to exceed 15 days, or both, and the Public Works Crew
Chief may cause said street or sidewalk to be filled, relaid, rebuilt
or repaired and shall report the expense thereof to the Board of Trustees,
and the same shall be assessed upon the lot and premises in front
of which such work shall be done.
[Added 12-11-2007 by L.L. No. 3-2007 (Ch. 147, Art. II,
of the 1989 Code)]
As used in this article, the following terms shall have the
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 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 amendments thereto.
Any activity requiring authorization under the SPDES general
permit for stormwater discharges from construction activity, Permit
No. GP-02-01, as amended or revised, including construction projects
resulting in land disturbance of one or more acres. Construction activities
include but are not limited to clearing and grubbing, grading, excavating
and demolition.
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 drain or conveyance, whether on the surface or subsurface,
which allows an illicit discharge to enter the MS4, including but
not limited to:
Any conveyance which allows any nonstormwater discharge including
treated or untreated sewage, process wastewater, and wash water to
enter the MS4 and any connection to the storm sewer 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 direct or indirect nonstormwater discharge to the MS4,
except as exempted in § 360-36.
Activities requiring the SPDES multi-sector general permit
for stormwater discharges associated with industrial activity, Permit
No. GP-0-06-002, as amended or revised.
Municipal separate storm sewer system.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm sewers):
Any discharge to the MS4 that is not composed entirely of
stormwater.
The New York State Department of Environmental Conservation.
Any individual, partnership, firm, company, association,
organization, corporation, district, municipality or other entity.
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand and industrial, municipal
and agricultural waste and ballast discharged into water, any of which
may cause or might reasonably be expected to cause pollution of the
waters of the state in contravention of water quality standards.
A sediment or a water quality measurement that addresses
sediment (such as total suspended solids, turbidity or siltation)
and any other pollutant that has been identified as a cause of impairment
of any water body that will receive a discharge from the land development
activity.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards,
as amended or revised.
Discharge compliance with water quality standards. The condition
that applies where the Village has been notified that the discharge
of stormwater authorized under their MS4 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
Village must take all necessary actions to ensure future discharges
do not cause or contribute to a violation of water quality standards.
303(d) listed waters. The condition in the Village's MS4
permit that applies where the MS4 discharges to a 303(d) listed water.
Under this condition, the stormwater management program must ensure
no increase of the listed pollutant of concern to the 303(d) listed
water.
Total maximum daily load (TMDL) strategy. The condition in the
Village's MS4 permit where a TMDL including requirements for
control of stormwater discharges has been approved by 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 Village 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 the Village's 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 Village 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 Village must, within six months of the
TMDL's approval, modify its stormwater management program to
ensure that reduction of the pollutant of concern specified in the
TMDL is achieved.
A permit issued by NYSDEC that authorizes the discharge of
pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
An employee or officer of the Village of Sloan appointed
by the Village Board of Trustees to enforce this article. The SMO
shall, within the time prescribed by law, obtain such basic training,
in-service training, advanced in-service training and other training
as the State of New York shall require for code enforcement personnel.
Total maximum daily load.
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
The Village of Sloan, Erie County, New York.
The Board of Trustees of the Village of Sloan, Erie County,
New York.
Water that is not stormwater, is contaminated with pollutants,
and has been or will be discarded.
The purpose of this article is to provide for the health, safety
and general welfare of the citizens of the Village of Sloan through
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 the requirements of the SPDES
general permit for stormwater discharges from MS4s, Permit No. GP-02-02.
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;
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 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.
A.
Applicability. This article shall apply to all water entering the
MS4 generated on any developed or undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
B.
Responsibility for administration. The SMO shall administer, implement
and enforce the provisions of this article. Such powers granted or
duties imposed upon the authorized enforcement official may be delegated
in writing by the SMO as may be authorized by the Village.
C.
Conflict. Where the conditions imposed by any provisions of this
article are either more restrictive or less restrictive than comparable
conditions imposed by any other applicable law, ordinance, resolution,
rule or regulation of any kind, the regulations which are more restrictive
and impose higher standards or requirements shall govern.
A.
Prohibition of illicit discharges. No person shall discharge or cause
to be discharged into the MS4 any materials other than stormwater
except as provided below. The commencement, conduct or continuance
of any illicit discharge to the MS4 is prohibited except as described
as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this article, unless NYSDEC or the Village has determined them
to be substantial contributors of pollutants: waterline flushing or
other potable water sources; landscape irrigation or lawn watering;
existing diverted stream flows; rising groundwater; uncontaminated
groundwater infiltration to storm sewers; uncontaminated pumped groundwater;
foundation or footing drains; crawl space or basement sump pumps;
air-conditioning condensate; 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.
(2)
Discharges approved in writing by the SMO 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 and
requirements, and further provided that such discharges may be permitted
for a specified time period and under such conditions as the SMO may
deem appropriate to protect such life and property while reasonably
maintaining the purpose and intent of this article.
(3)
Dye testing in compliance with applicable state and local laws is
an allowable discharge, but requires a verbal notification to the
SMO prior to the time of the test.
(4)
The prohibition of illicit discharges shall not apply to any discharge
permitted under a SPDES permit, waiver or waste discharge order issued
to the discharger and administered under the authority of NYSDEC,
provided that the discharger is in full compliance with all requirements
of the permit, waiver or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the MS4.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the MS4 is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this article if the
person connects a line conveying sewage to the MS4 or allows such
a connection to continue.
B.
Such activities include 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
stormwater discharge permit authorization, 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 stormwater discharge permit authorization.
Best Management Practices. Where the SMO has identified an illicit
discharge or an activity contaminating stormwater, as defined in § 360-37,
the Village may require implementation of BMPs to control those illicit
discharges and activities.
A.
The owner or operator of a commercial or industrial establishment
shall provide, at his own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the MS4 through
the use of structural and nonstructural BMPs.
B.
Any person responsible for a property or premises which is or may
be the source of an illicit discharge or an activity contaminating
stormwater, as defined in § 360-37, 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.
C.
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 compliance with
the provisions of this article.
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 Village prior to the allowing of discharges
to the MS4.
A.
Illicit discharges in emergency situations. The SMO 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 people, or to the MS4. The SMO 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 SMO
may take such steps as deemed necessary to prevent or minimize damage
to the MS4 or to minimize danger to people.
B.
Suspension due to the detection of an illicit discharge. Any person
discharging to the MS4 in violation of this article may have his MS4
access terminated if such termination would abate or reduce an illicit
discharge. The SMO will notify a violator in writing of the proposed
termination of its MS4 access and the reasons therefor. The violator
may petition the SMO for a reconsideration and hearing. Access may
be granted by the SMO if he/she finds that the illicit discharge has
ceased, and the discharger has taken steps to prevent its recurrence.
Access may be denied if the SMO determines in writing that the illicit
discharge has not ceased or is likely to reoccur. A person commits
an offense if the person reinstates MS4 access to the premises terminated
pursuant to this article without the prior approval of the SMO.
A.
Applicability. This section applies to all facilities that the SMO
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
which constitutes a violation of this article.
B.
Access to facilities.
(1)
The SMO shall be permitted to enter and inspect facilities 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 which 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
SMO to conduct monitoring and/or sampling of the facility's stormwater
discharge.
(4)
The Village 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)
An unreasonable delay in allowing the SMO access to a facility subject
to this article is 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 SMO 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 illicit 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 Village 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 Village 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 SMO finds that a person has violated
a prohibition or failed to meet a requirement of this article, he
or she may order compliance by written notice of violation to the
responsible person. Such notice may require, without limitation:
(1)
The elimination of illicit connections or discharges;
(2)
That violating discharges, practices or operations 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)
That the Village will seek civil remedies or criminal penalties,
including the imposition of a criminal fine, as provided in § 360-43B;
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
$350 or imprisonment for a period not to exceed six 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 $350 nor more than $700 or imprisonment for
a period not to exceed six 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 $700 nor
more than $1,000 or imprisonment for a period not to exceed six 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 the determination
of the SMO to the Zoning Board of Appeals within 15 days of its issuance,
which shall hear the appeal within 30 days after the filing of the
appeal and, within five days of making its decision, file its decision
in the office of the municipal Clerk and mail a copy of its decision
by certified mail to the discharger.
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 municipal authority
upholding the decision of the SMO, the SMO 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 SMO 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 SMO 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 SMO 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 given alternative remedies in lieu of a civil penalty, upon recommendation
of the Village Attorney and concurrence of the SMO, 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 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.
