Notwithstanding the provisions of §
307-25 below, any person receiving a notice of violation under §
307-21 above may appeal the determination of the Director of Public Works to the First Selectman. The notice of appeal must be received by the First Selectman within five days from the date of the notice of violation. Hearing on the appeal before the First Selectman or his/her designee shall take place within 15 days from the date of the Town's receipt of the notice of appeal. The decision of the First Selectman 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 §
307-22, within 10 days of the decision of the First Selectman upholding the decision of the Director of Public Works, then the Town or a contractor designated by the Director of Public Works 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.
The Director of Public Works is authorized to require immediate
abatement of any violation of this chapter 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 Director of
Public Works, the Town 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 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 chapter.
It shall be lawful for any person to violate any provision or
fail to comply with any of the requirements of this chapter. A violation
of or failure to comply with any of the requirements of this chapter
shall constitute a misdemeanor and shall be punished as set forth
in the Connecticut State Statutes.
In lieu of enforcement proceedings, penalties, and remedies
authorized by this chapter, the Director of Public Works may impose
upon the violator alternative compensatory actions, such as storm
drain stenciling, attendance at compliance workshops, creek 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 chapter 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 chapter, or any
provision of any requirement issued pursuant to this chapter, may
also be in violation of the Clean Water Act and may be subject to
the sanctions of those acts, including civil and criminal penalties.
Any enforcement action authorized under this chapter shall also include
written notice to the violator of such potential liability.