A.
The remedies in § 131-81 of the SUL are applicable to any violation of this chapter with the exception of violations relating exclusively to non-payment of any benefit assessment or user fee or any penalty or interest associated with either.
A.
Inspection.
(1)
Improper use, operation or maintenance of the sewers and other system
components has the potential to cause significant damage to the POTW.
Accordingly, whenever the Superintendent has reason to believe that
there is noncompliance with the SUL or any approval, order, permit
or agreement issued thereunder or that there is otherwise a condition
that threatens the POTW, he/she or his/her duly appointed agent is
authorized to conduct inspections that are reasonably necessary to
determine the source of the noncompliance or condition.
(2)
Prior to any such inspection on private property, the Superintendent
will attempt to obtain the consent to conduct the inspection from
the occupant of the property or, in the event the property is unoccupied,
from the owner. In the event the Superintendent is unable to obtain
such consent, he/she will consult with the attorney for the sewer
district (or such other attorney retained by the Town) to determine
what steps are necessary to obtain access legally.
(3)
Upon completion of the inspection, the Superintendent will prepare
a report, a copy of which will be sent to the Town Board, the attorney
for the Town and the CZEO.
B.
Notice of violation. Whenever the Superintendent has reason to believe
that a violation of the SUL or any approval, order, permit or agreement
issued thereunder occurred or is occurring, the Superintendent may
issue a notice of violation to the owner of the property where the
violation occurred or is occurring and any other person responsible
for such violation.
C.
Voluntary agreements. Where a violation of the SUL or any approval,
order, permit or agreement issued thereunder occurred or is occurring,
the owner of the property where the violation occurred or is occurring
and/or any other party responsible for the violation may enter into
a voluntary agreement with the Superintendent. The voluntary agreement
will require the owner and/or other responsible party to cease and
desist such violation and to perform any necessary corrective and
remedial measures. The voluntary agreement may also contain other
provisions related to the violation, including the payment of a civil
penalty. Any duly executed voluntary agreement will be legally binding
and any violation of the voluntary agreement by the owner or other
responsible party will itself constitute a separate and distinct violation
of the SUL.
D.
Cease and desist order.
(1)
Whenever the Superintendent concludes that a violation of the SUL or any approval, order, permit or agreement issued thereunder exists, he/she may issue a cease and desist order (the "C&D order") to the owner of the property where the violation occurred or is occurring and to any other person responsible for such violation. Alternatively or in addition, the Superintendent may refer the matter for action to the Town Board pursuant to § 131-81E of the SUL.
(2)
The C&D order will describe the nature of the violation and the
actions that the owner and any responsible party must take or cease
and desist. It will also indicate that noncompliance with the C&D
order is itself a separate and distinct violation of the SUL. However,
the failure to so indicate will not invalidate the C&D order.
(3)
The C&D order will be served on the owner and any other responsible
party as provided for by the CPLR for service of process or by registered
mail. The C&D order will also be posted at the property in a conspicuously
location. The C&D order will be effective upon the earlier of
the posting or completion of service. The failure to serve the owner
and/or any responsible party will not affect the validity of the C&D
order so long as it is posted as provided in this section.
(4)
Any person subject to the C&D order may request that it be rescinded,
suspended or modified by presenting argument and/or evidence to the
Superintendent to demonstrate that the prerequisites for issuing the
order are not present or that the relief is not appropriate. Based
on his/her review, the Superintendent may grant the relief requested,
grant some lesser relief or deny the relief. The Superintendent will
promptly notify the requester and the Town Board of his/her determination.
(5)
In the event that the Superintendent does not fully grant the requested
relief, any person who made the request to the Superintendent may
appeal the determination by presenting argument and/or evidence to
the Town Board. Any appeal to the Town Board must be made within 30
days of the date of the Superintendent's determination. The Town
Board may grant the relief requested, grant some lesser relief or
deny the relief.
E.
Town Board order.
(1)
Whenever the Town Board concludes that violation of the SUL has occurred
or is occurring or that there exists any other condition that is or
might damage the POTW or threaten the environment or public health,
it may issue a notice to be served on the owner.
(2)
The notice will contain the following information:
(a)
A statement of the particulars concerning the violation or condition;
(b)
An order requiring that the violation or condition be remedied;
(c)
The time periods within which remediation of the violation or
condition must commence and be completed by the owner;
(d)
A statement that, if the owner fails to remedy the violation
or condition within these time periods, the Town may take direct action
to effect the remedy;
(e)
A statement that a copy of the notice will be filed in the office
of the County Clerk of Hamilton County in the same manner as a notice
of pendency pursuant to Article 65 of the CPLR and will have the same
effect as a notice of pendency except as specifically provided in
Town Law § 130(16);
(f)
The time, date and place of a hearing before the Town Board
regarding the violation or condition and its timely remediation;
(g)
A statement that all costs and expenses incurred by the Town
in connection with the proceedings, including the cost of actually
remedying the condition, will be assessed against the land on which
the violation or condition is located.
(3)
If after the opportunity for hearing, the Town Board concludes that
the violation or condition does exist, it may remedy the violation
or condition by taking direct action at its own expense if the owner
has not commenced or completed the remediation according to the dates
in the notice. In such an event, all costs and expenses incurred by
the Town will be assessed against the property in the same manner
as real property taxes.
F.
Enforcement in local criminal court.
(1)
A violation of the SUL is hereby declared to be an offense, punishable
by a fine not exceeding $350 or imprisonment for a period not to exceed
six months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months, or both;
and, upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purpose of conferring
jurisdiction upon courts and judicial officers generally, violations
of the SUL shall be deemed misdemeanors and for such purpose only
all provisions of law relating to misdemeanors shall apply to such
violations. Each week's continued violation shall constitute
a separate additional violation.
(2)
The Superintendent is authorized to issue an appearance ticket in
conformance with the requirements of the CPL to any person responsible
for violating the SUL, such ticket to be returnable in the Town Court
of Inlet. In such a case, the Superintendent will file an accusatory
instrument together with any supporting deposition in the Town Court
prior to the return date on the ticket.
G.
Civil penalties. Anyone who violates the SUL or any approval, order,
permit or agreement issued thereunder, will be liable to a civil penalty
not to exceed $2,000. Each day the violation continues shall constitute
a separate additional violation. Civil penalties will be recoverable
in an action brought in Supreme Court.
H.
Action in Supreme Court. The Town Board may authorize the institution
of a proceeding in Supreme Court to obtain injunctive relief, including
any necessary restoration or remediation, and/or to collect civil
penalties regarding any violation of the SUL or any approval, order,
permit or agreements issued thereunder.
A.
Lien.
(1)
Special assessments. The amount of all special assessments levied
upon any parcel of real property pursuant to the SUL shall become
a lien thereon as of the first day of January of the fiscal year for
which levied and shall remain a lien until paid.
(2)
Sewer rents. Sewer rents shall constitute a lien upon the real property
served by the sewer system or such part or parts thereof for which
sewer rents shall have been established and imposed.
(3)
The liens imposed pursuant to this section shall be prior and superior
to every other lien or claim except the lien of an existing tax, assessment
or other lawful charge imposed by or for the state or a political
subdivision or district thereof. The sewer rent will become a lien
on the first day of January of the fiscal year for which levied and
shall remain a lien until paid in full, including any outstanding
interest and penalty.
B.
Penalties and interest. If there are payments due to the Town, or any department thereof, pursuant to Article XII of the SUL, which shall remain due and unpaid, in whole or in part, for a period of 90 calendar days from the date of billing, the same shall constitute a default, and there shall be added to the entire amount of the original bill a penalty equal to 20% of the original bill, and, in addition, interest shall accrue on the unpaid balance, at the rate of 2% per month, commencing 30 days after the payments were due.
C.
Collection remedies.
(1)
Special assessments. Delinquent special assessments will be collected
in the same way as delinquent real property taxes pursuant to the
Real Property Tax Law.
(2)
Sewer rents.
(a)
In the event that there are any payments which shall have been
delinquent for a period of at least 60 calendar days as of December
1 of any year, the Superintendent shall report the names of the defaulting
persons to the Town of Inlet Supervisor, Clerk, Assessor and Tax Collector
on or about December 1 of the same year. The Town of Inlet Assessor
is hereby directed to add the entire amount of the payment, plus penalty
and interest as provided for in the SUL, to the real property taxes
due and owing to Town of Inlet in the next succeeding year, and the
Town of Inlet Tax Collector is directed to collect the same in the
same manner as real property taxes due and owing to the Town of Inlet
are collected.
A.
Severance of service.
(1)
Whenever either a user has violated or continues to violate the provisions
of this chapter or any approval, order, permit or agreement issued
hereunder; or payments due under Article 12 of the SUL are in default
more than 60 days, sewer service to the user or, in the case of delinquent
payments, service to all users for accounts suffering from delinquent
payments, may be severed. Service will only be restored after the
violation or delinquency has been remedied and owner or user has repaid
any disbursement of funds made by the Town to sever and restore the
service plus a $250 service charge representing the Town's personnel
expenses.
(2)
Prior to severing service, the Superintendent will send a notice
of intent to sever services to the owner of the property subject to
the severance and to any affected user. Such notice will be sent at
least 15 days in advance of the severance. The notice will be sent
by registered mail to the owner and to any all affected users (or
to the unit on the account if the name of the user is not known).
In addition, the Superintendent will post the notice at a conspicuous
location at or near the property. The Superintendent will also provide
notice to the local health department.
B.
Suspension of procession. Whenever there is a violation of the SUL,
or any approval, order, permit or agreement issued thereunder the
Town Board, the Planning Board, the Zoning Board or Appeals or the
CZEO may suspend processing of any application associated with the
affected property.
C.
Permit revocation. Whenever there is a violation of the SUL, or any
approval, order, permit or agreement thereunder, the Superintendent
may revoke any approval or permit issued under SUL for the benefit
of that property.
