A.
Whenever the Public Works Director finds that a person has violated
a prohibition or failed to meet a requirement of this ordinance, the
Director may order compliance by written notice of violation to the
responsible person. Such notice may require, without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of illicit connections or discharges;
(3)
That violating discharges, practices, or operations shall cease and
desist;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property; and
(5)
Payment of a fine to cover administrative and remediation costs;
and
(6)
The implementation of source control or treatment BMPs.
B.
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 the Town or a contractor designated by the Public Works Director and the expense thereof shall be charged to the violator pursuant to § 52-23 below.
Notwithstanding the provisions of § 52-25 below, any person receiving a notice of violation under § 52-21 above may appeal the determination of the Public Works Director to the Board of Selectmen. The notice of appeal must be received by the Board of Selectmen within five days from the date of the notice of violation. Hearing on the appeal before the Board of Selectmen or its designee shall take place within 30 days from the date of Town's receipt of the notice of appeal. The decision of the Board of Selectmen or designee shall be final.
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 under § 52-22, within 10 days of the decision of the Board of Selectmen upholding the decision of the Public Works Director, then the Town or a contractor designated by the Public Works Director shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the Town or designated contractor to enter upon the premises for the purposes set forth above.
A.
Within 30 days after abatement of the nuisance by Town, the Public
Works Director shall notify the property owner of the property of
the cost of abatement, including administrative costs. The property
owner may file a written protest objecting to the amount of the assessment
with the Town Clerk within 15 days. The Town Clerk shall set the matter
for public hearing by the Board of Selectmen. The decision of the
Board of Selectmen shall be set forth by resolution and shall be final.
B.
If the amount due is not paid within 10 days of the decision of the
Board of Selectmen or the expiration of the time in which to file
an appeal under this section, the charges shall become a special assessment
against the property and shall constitute a lien on the property for
the amount of the assessment.
The Public Works Director is authorized to require immediate
abatement of any violation of this ordinance that constitutes an immediate
threat to the health, safety or well-being of the public. If any such
violation is not abated immediately as directed by the Public Works
Director, the Town of New Canaan is authorized to enter onto private
property and to take any and all measures required to remediate the
violation. Any expense related to such remediation undertaken by the
Town of New Canaan shall be fully reimbursed by the property owner
and/or responsible party. Any relief obtained under this section shall
not prevent the Town from seeking other and further relief authorized
under this ordinance.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this ordinance.
In lieu of enforcement proceedings, penalties, and remedies
authorized by this ordinance, the Public Works Director may impose
upon a violator alternative compensatory actions, such as storm drain
stenciling, attendance at compliance workshops, stream cleanup, etc.
In addition to the enforcement processes and penalties hereinbefore
provided, any condition caused or permitted to exist in violation
of any of the provisions of this ordinance is a threat to public health,
safety, and welfare and is declared and deemed a nuisance and may
be summarily abated or restored by the Town at the violator's
expense, and/or a civil action to abate, enjoin, or otherwise compel
the cessation of such nuisance may be taken by the Town.
Any person who violates any provision of this ordinance or any
provision of any requirement issued pursuant to this ordinance may
also be in violation of the Clean Water Act and may be subject to
the sanctions of the Act, including civil and criminal penalties.
Any enforcement action authorized under this ordinance shall also
include written notice to the violator of such potential liability.
