Any repair or maintenance work in connection with sewer pipes
and drains connected directly or indirectly to any sanitary or storm
sewer system or storm drain in the Town shall be performed in accordance
with specifications and under the supervision and inspection of the
Town Board.
A.
For work performed on sewers, pipes, laterals or drains which is
not part of a sanitary sewer or storm sewer system at the direction
or under the supervision of the Superintendent for the particular
or special benefit of any individual parcel or portion of real property,
a charge is hereby established in an amount equal to the actual cost
thereof to the Superintendent.
[Amended 8-10-1987 by L.L. No. 9-1987[1]]
B.
The Town Board shall annually assess against the individual parcel
of land the amount of any such charges remaining unpaid on October
1, and such charges shall be added to the tax roll and collected in
the same manner and at the same time as the other taxes are assessed,
levied and collected in the Town pursuant to statute.
The Superintendent and other duly authorized employees of the
Town Board bearing proper credentials and identification shall be
permitted to enter upon all properties for the purpose of inspection,
observation, measurement, sampling and testing, or proper activities
in accordance with the terms of this Part 1 or any regulations promulgated
thereunder. The powers and authority herein granted shall be in addition
to powers of inspection otherwise granted by law to the Town Board.
All information in the possession of the owner bearing on the
industrial, commercial or other process which, in the judgment of
the Superintendent, affects the sewer works or systems shall be made
available to the Superintendent or his authorized representative.
Any permit issued pursuant to this Part 1 shall be subject to cancellation after a hearing in the event of a finding by the Town Board at such hearing that the user or permittee of the sewerage system has violated any of the provisions of this Part 1. Such hearing shall take place on 10 days' written notice to the permittee or user. Upon any cancellation provided for in this section or otherwise in this article, the Town Board may terminate the use of the sewer by severing the connection to the sewerage system.
A.
Any person violating any provision of this Part 1 shall be responsible
in money damages for any injury to the sewer system or expense caused
the sewer district by such violation. This money may be collected
by civil action in the Supreme Court of the State of New York. Obedience
to this Part 1 may also be enforced by injunction.
B.
Any person violating any provisions of this Part 1 and interfering
with, entering or using said sewer systems without obtaining permission
hereunder shall be guilty of an offense and subject to a fine of not
less than $50 nor more than $100 or to imprisonment of not less than
one day nor more than six months, or both such fine and imprisonment,
and, in addition, when a violation of this Part 1 or any of the provisions
thereof is continuous, each 24 hours thereof shall constitute a separate,
distinct and additional violation.
In the event that the provisions of this Part 1 are inconsistent
with the provisions of any ordinance of the Town of Hamlin heretofore
adopted, the provisions of this Part 1 shall be applicable and shall
supersede such inconsistent prior provisions. However, in such event,
only the prior provisions inconsistent with any provision of this
Part 1 shall be deemed superseded, and all other provisions in any
such heretofore adopted ordinance not inconsistent with the provisions
of this Part 1 shall continue in full force and effect.[1]
[1]
Editor's Note: Original Part 2, Sewage Disposal: Sanitary
Regulations, which immediately followed this Part 1, was deleted 8-10-1987
by L.L. No. 9-1987.
