When the code enforcement official finds that the installation, repair, alteration, or modification of any plumbing or heating system is or has been accomplished in violation of this Chapter, or that a dangerous or hazardous condition exists, he may, at his discretion, prepare a written notice of violation describing the violation or the unsafe and hazardous condition.
A. 
Contents. The notice of violation shall identify the violation or offense and may, without limitation, require the abatement, remediation or restoration of the building, structure, installation, equipment, or property within the period identified in the notice.
B. 
Service. A notice of violation shall be served upon the property owner, operator, occupant, person in charge of the property, or other person responsible for the condition or violation, and to the permit holder by personal delivery, or can be mailed to the last known address of the person being served, and by delivering the same to and leaving it with a person of suitable age and discretion at the premise.
C. 
Extension of time. Upon good cause shown to the satisfaction of the code enforcement official, the period of compliance may be extended where remedial measures have been started and the delay is not under the control of or due to the actions of the person to whom the notice has been issued.
If, in the judgment of the Director or code enforcement official, any equipment or installation, building or premise jeopardizes the public health or welfare, or the safety of the occupants or property, he may authorize the condemnation of the premise, building, structure, dwelling unit, equipment, or installation as unsafe and hazardous.
A. 
Placement. A placard shall be posted in a conspicuous place in or about the structure, building or unit, and if the placard pertains to equipment, it shall also be posted on the condemned equipment, as access permits.
B. 
Prohibited acts.
(1) 
Impeding government action. Any person who resists, obstructs or impedes the code enforcement official in the placement or posting of placard(s) or the execution of an order to vacate shall be in violation of this chapter and shall be subject to the fines and penalties provided herein.
(2) 
Occupancy, operation or use. It shall be unlawful for any person to occupy or use, or allow another person to occupy or use any portion of any land, building, structure, or dwelling unit which has been placarded, or to operate or use placarded equipment or installations except as necessary to repair, remedy or abate the condition.
(3) 
It shall be unlawful and a violation of this chapter for any person to deviate in any way from the activity permitted by the code enforcement official pending resolution of the hazardous or unsafe condition, or to disobey a lawful order of the code enforcement official. In addition to any other penalty provided for herein, the Director of Engineering Services may revoke any plumbing permit that has been issued.
(4) 
Tampering and removal. It shall be unlawful for any person to deface, mutilate, alter, or remove any placard posted.
Whenever the Director or code enforcement official finds that any work has been performed in a manner contrary to the provisions of this Chapter or is dangerous or unsafe, he is authorized to issue a stop work order with or without a notice of violation.
A. 
Contents and service. A stop-work order shall be in writing and shall state the conditions under which the work may be resumed. The stop work order shall be served upon the permit holder, or property owner or his agent, or the operator, occupant, or person in charge of the property, or other person responsible for the work, condition or violation by personal delivery, or by certified mail return receipt requested and addressed to the last known address. In all instances the stop work order shall be posted in a conspicuous place on the property, building, or structure, and equipment that is the subject of the notice, as access permits.
B. 
Upon the issuance of a stop-work order, all activities shall be immediately suspended until the stop work order is rescinded. Notwithstanding the issuance of a stop-work order, the Director or code enforcement official may, in his sole discretion, permit any part of the work to continue if, in his judgment, it is necessary to protect the health and safety of persons; or to preserve and safeguard the premises or any portion of the building, equipment, installations, or structures located therein.
C. 
Cessation of work. It shall be unlawful and a violation of this chapter for any person to perform any work or other activity, or to allow the work or activity to continue in violation of a stop-work order issued by the Town; or to deviate or to allow the work to deviate in any way from the work or activity permitted by the Town pending resolution of the violation or stop-work order; or to disobey a lawful order of the Town. In addition to any other penalty provided for herein, the Director of Engineering Services may revoke any plumbing permit that has been issued.
D. 
Tampering. It shall be unlawful for a person to mutilate, destroy, tamper with or remove a stop-work order posted or affixed upon a premise, building, structure, installation or equipment without authorization from the code enforcement official.
[Amended 7-21-2020 by L.L. No. 20-2020]
Nothing in this Chapter shall be construed to limit or abridge the right of the Director or code enforcement official to issue a summons or appearance ticket for a violation thereof in lieu of a notice of violation, with or without a stop work order or placard.
[Amended 11-6-2019 by L.L. No. 56-2019]
(A) 
Any person who violates or causes another to violate a provision of this Chapter shall be deemed to have committed an offense against this Chapter and shall be subject to a fine as follows:
(1) 
Upon a first conviction thereof, a fine of not less than two hundred fifty ($250) dollars and not more than one thousand five hundred ($1,500) dollars; and
(2) 
Upon a conviction for a second offense committed within five (5) years of the first offense, a fine of not less than seven hundred and fifty ($750) dollars and not more than two thousand five hundred ($2,500) dollars; and
[Amended 9-14-2021 by L.L. No. 50-2021]
(3) 
Upon conviction of a third or subsequent offense committed within five (5) years of the first offense, a fine of not less than one thousand five hundred ($1,500) dollars and not more than three thousand five hundred ($3,500) dollars or by imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment; and
(4) 
Each day, or part thereof, a violation continues shall constitute a separate and distinct offense, punishable in like manner. Written notice of a violation is not a prerequisite for the imposition of such fine, or punishment unless the subject of the prosecution is the noncompliance with such notice.
(B) 
Any person found by the Bureau of Administrative Adjudication to have violated any provision of this chapter shall likewise be subject to a monetary penalty in an amount within the range of fines authorized in subdivision (A) for a first offense, subsequent offenses and continuing offenses, respectively.
(C) 
The fine for an offense based on a violation of the Plumbing Code of New York State, Fuel Gas Code of New York State, or the Mechanical Gas Code of New York State shall be as set forth therein; and
(D) 
In addition to the penalties set forth herein or in other applicable law, rule or regulation, the Town Attorney is authorized to pursue civil and equitable relief in the name of the Town in a court of competent jurisdiction, including but not limited to compensatory actions; civil penalties in the amount of up to five hundred ($500) dollars per day, or any part thereof; an action to compel compliance with or to restrain by injunction the violation of this chapter; and other remedies which in the opinion of the Town Attorney may seem necessary and proper.