It is hereby declared to be the purpose of this chapter to protect the public safety, health and welfare of, and enhance the environment for, the people of the Town by making it unlawful for property owners and occupants to allow an environmental public nuisance or any public nuisance, as defined in Chapter
86 of the Town of New Hartford Code, to exist.
It shall be unlawful for any property owner or occupant to allow
an environmental public nuisance to exist. This provision shall not
apply to excluded property.
If, upon reinspection, it is determined that the environmental public nuisance has been corrected, the recipient shall not be liable for any charges under §
94-7B(1) of this chapter.
Penalties shall be assigned in accordance with the Town of New Hartford Code §
118-80.
The Town Board of the Town of New Hartford releases any liens
for abatement costs, or judgment liens for any other amount due pursuant
to this chapter, if it finds that the benefit to the Town outweighs
the detriment caused by such a release. The Board may require parties
affected by the release to agree to whatever conditions the board
deems appropriate; provided, however, that all conditions shall be
set forth in a conditional release of the lien and shall be recorded
in the office of the County Recorder. If the Board finds that an affected
party has failed to comply substantially with the conditions imposed
by the Board, the release shall be void and the lien affecting the
property may be reinstated by the Board.
In the event that any section, subsection, clause, phrase, or
portion of this chapter is for any reason held illegal, invalid, or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remainder of this
chapter. It is the legislative intent of the Board that this chapter
would have been adopted if such illegal provision had not been included
or any illegal application had not been made.