The Building Inspector, based on his/her own information or information obtained from NYCDEP, is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for the noncompliance. The Building Inspector shall consult with NYCDEP in connection therewith. Such orders shall include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as an administrative order, further described in §
102-88.
In the event the Building Inspector issues any administrative
order, terminates the user's permit, or makes any fine, as set forth
in this article, and the user fails, within the designated period
of time set forth, to petition the Building Inspector, as provided
in appropriate sections of this article, the user shall be deemed
in default and its rights to contest the administrative order or fine
shall be deemed waived.
The notices, orders, petitions, or other notification which
the user or Building Inspector shall desire or be required to give
pursuant to any sections of this chapter shall be in writing and shall
be served personally or sent by certified mail, return receipt requested,
postage prepaid, or by fax, and the notice, order, petition, or other
communication shall be deemed given upon its delivery if personally
served or served by fax or if served by mail upon its mailing as provided
herein. Any notice, administrative order, or communication mailed
to the user pursuant to the sections of this chapter shall be mailed
to the user where the user's effluent is discharged into the POTW.
A copy of any of the above-noted notices, orders, or petitions shall
be sent to the NYCDEP Deputy Chief of Wastewater Operations, P.O.
Box 370, Grahamsville, NY 12470. Any notice, petition, or other communication
mailed or faxed to the Building Inspector shall be mailed or faxed
to the Town of Shandaken Building Inspector at the Town Hall Building.
The Building Inspector shall, in consultation with NYCDEP, determine
an appropriate administrative remedy. The Building Inspector may utilize
more than one administrative remedy established pursuant to this article,
and he/she may hold one show cause hearing combining more than one
enforcement action.
Whenever a user has violated or continues to violate the provisions of this chapter or permit or order issued hereunder, the Building Inspector, following a resolution from the Town Board authorizing litigation, or in accordance with §
102-86A, NYCDEP, through counsel, may petition a court of competent jurisdiction, in the name of the Town, for the issuance of a temporary restraining order, preliminary injunction or permanent injunction or combination thereof (as may be appropriate) which restrains the violation of, or compels the compliance with, any order or determination thereunder by the Building Inspector or NYCDEP. The Town shall not be responsible for any damages for actions brought by NYCDEP in any enforcement action brought by NYCDEP on behalf of the Town according to this chapter.