[HISTORY: Adopted by the Board of Trustees
of the Village of Pittsford 12-10-2014 by L.L. No. 1-2015.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Sanitary sewers — See Ch. 164.
Stormwater management and erosion and sediment control — See Ch. 175.
Zoning — See Ch. 210.
[1]
Editor’s Note: This local law also superseded former
Ch. 65, Storm Sewers, adopted 2-26-2008 by L.L. No. 1-2008.
The purpose and intent of this chapter is to ensure the health,
safety and general welfare of citizens, and protect and enhance the
water quality of watercourses and water bodies in a manner pursuant
to and consistent with the Federal Clean Water Act (33 U.S.C. § 1251
et seq.) by:
For the purpose of this chapter, the following shall mean:
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat and industrial
use) are impaired by pollutants, prepared periodically by the Department
of Environmental Conservation as required by Section 303(d) of the
Clean Water Act. 303(d) listed waters are estuaries, lakes and streams
that fall short of state surface water quality standards and are not
expected to improve within the next two years.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures and practices
to control site runoff, spillage or leaks, sludge or water disposal
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
Activities subject to SPDES construction permits. Currently
these include construction projects resulting in land disturbance
of one acre or more. Such activities include, but are not limited
to, clearing and grubbing, grading, excavating and demolition.
Any individual, association, organization, partnership, firm,
corporation or other entity discharging stormwater to the municipal
storm sewer.
Any material, including any substance, waste or combination
thereof, which because of its quantity, concentration or physical,
chemical or infectious characteristics may cause or significantly
contribute to a substantial present or potential hazard to human health,
safety, property or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 165-8 of this chapter and any stormwater discharges to the sanitary sewer except as permitted by the Village of Pittsford.
An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system,
including, but not limited to, any conveyances which allow any nonstormwater
discharge, including sewage, process wastewater and wash water, to
enter the storm drain system and any connection to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted or approved by
a government agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in
plans, maps or equivalent records and approved by the Village of Pittsford.
Any stormwater discharge to a sanitary sewer unless approved
by the Village of Pittsford.
Activities subject to SPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
Any liquid, gaseous or solid substance, or a combination
thereof, which is an undesired by-product waste resulting from any
process of industry, manufacturing, trade or business or from the
development or recovery of any natural resources, except garbage.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to, paints, varnishes and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter or other discarded
or abandoned objects, articles and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
A facility serving one or more parcels of land or residential households, or a private, commercial or institutional facility, that treats sewage or other liquid wastes for discharge into the groundwaters of New York State, except where a permit for such a facility is required under the applicable provisions of Article 17 of the Environmental Conservation Law.
A sewer which transports sewage and to which stormwater,
surface water and groundwater are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together
with such groundwater, surface water and stormwater as may be inadvertently
present. The admixture of sewage with industrial wastes as defined
above or other wastes also shall be considered sewage within the meaning
of this definition.
Discharge compliance with water quality standards: the condition
that applies where a municipality has been notified that the discharge
of stormwater authorized under its municipal separate storm sewer
system permit may have caused or has the reasonable potential to cause
or contribute to the violation of an applicable water quality standard.
Under this condition, the Village of Pittsford must take all necessary
actions to ensure future discharges do not cause or contribute to
a violation of water quality standards.
303(d) listed waters: the condition in the Village of Pittsford's
municipal separate storm sewer system permit that applies where the
Village of Pittsford discharges to a 303(d) listed water. Under this
condition, the stormwater management program must ensure no increase
of the listed pollutant of concern to the 303(d) listed water.
Total maximum daily load (TMDL) strategy: the condition in the
Village of Pittsford's municipal separate storm sewer system
permit where a TMDL, including requirements for control of stormwater
discharges, has been approved by EPA for a water body or watershed
into which the Village of Pittsford discharges. If the discharge from
the Village of Pittsford did not meet the TMDL stormwater allocation
prior to September 10, 2003, the Village of Pittsford was required
to modify its stormwater management program to ensure that reduction
of the pollutant of concern specified in the TMDL is achieved.
The condition in the Village of Pittsford's municipal separate
storm sewer system permit that applies if a TMDL is approved in the
future by EPA for any water body or watershed into which the Village
of Pittsford discharges: Under this condition, the Village of Pittsford
must review the applicable TMDL to see if it includes requirements
for control of stormwater discharges. If the Village of Pittsford
is not meeting the TMDL stormwater allocations, the Village of Pittsford
must, within six months of the TMDL's approval, modify its stormwater
management program to ensure that reduction of the pollutant of concern
specified in the TMDL is achieved.
A permit issued by NYSDEC [under authority delegated pursuant
to 33 U.S.C. § 1342(b)] that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable
on an individual or general area-wide basis.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including, but not limited to, any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels (i.e., ditches), reservoirs and other
drainage structures.
Any surface flow, runoff or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
A document which describes the best management practices
and activities to be implemented by a person to identify sources of
pollution or contamination at a site and the actions to eliminate
or reduce pollutant discharges to stormwater, stormwater conveyance
systems and/or receiving waters to the maximum extent practicable.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage,
controlling surface drainage and preventing or reducing point source
or nonpoint source pollution inputs to stormwater runoff and water
bodies.
The maximum amount of a pollutant to be allowed to be released
into a waterbody so as not to impair uses of the water allocated among
the sources of that pollutant.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A permanent or intermittent stream or other body of water,
either natural or man-made, via pipes, swales, culverts or other means,
which gathers or carries surface water.
Surface watercourse and water bodies as defined at 40 CFR
122.2, including all natural waterways and definite channels and depressions
in the earth that may carry water, even though such waterways may
only carry water during rains and storms and may not carry stormwater
at and during all times and seasons.
This chapter shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands unless explicitly
exempted by the Village of Pittsford. This chapter also applies to
stormwater entering the sanitary sewers.
The Village of Pittsford shall administer, implement and enforce
the provisions of this chapter. Any powers granted or duties imposed
upon the Village of Pittsford may be delegated, in writing, by the
Village of Pittsford to persons or entities acting in the beneficial
interest of or in the employ of the agency.
The provisions of this chapter are hereby declared to be severable.
If any provision, clause, sentence or paragraph of this chapter or
the application thereof to any person, establishment or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this chapter.
The standards set forth herein and promulgated pursuant to this
chapter are minimum standards; therefore, this chapter does not intend
or imply that compliance by any person will ensure that there will
not be contamination, pollution nor unauthorized discharge of pollutants.
A.
Agents and employees of the Village of Pittsford bearing proper credentials
and identification shall be permitted to enter all properties for
the purposes of inspection, records examination and copying, observation,
measurements, sampling, and testing pertinent to discharge or potential
to discharge, and for repair and maintenance to the municipal separate
storm sewer system.
B.
Information and data on a nondomestic source obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public or other governmental
agency without restriction, unless the nondomestic source specifically
requests and is able to demonstrate to the satisfaction of the Village
of Pittsford that the release of such information would divulge information,
processes or methods of production entitled to protection as confidential
information according to the criteria set forth in 40 CFR 2.208 and
2.302, as may be amended from time to time.
(1)
When requested by the person furnishing a report, the portions of
a report which might disclose confidential information shall not be
made available for inspection by the public. Stormwater constituents
and characteristics will not be recognized as confidential information.
(2)
Information accepted by the Village of Pittsford as confidential shall be made available upon request to any agency meeting the requirements of Section 308 of the Clean Water Act, including officers, employees or authorized representatives of the United States concerned with carrying out the Clean Water Act, bound by the confidentiality rules in 40 CFR Part 2, as may be amended from time to time.
C.
Unreasonable delays in allowing the Village of Pittsford access to
the premises or other interference with the activities of the Village
of Pittsford shall be a violation of this chapter. Access to property
and/or records of a nondomestic source may not be refused on the basis
that the Village of Pittsford refuses to sign any waiver, access agreement,
or similar document.
D.
If the Village of Pittsford has been refused access to a building,
structure or property or any part thereof, and if the Village of Pittsford
has demonstrated probable cause to believe that there may be a violation
of this chapter or that there is a need to inspect as part of a routine
inspection program of the Village of Pittsford to verify compliance
with this chapter or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, then
the Village of Pittsford will make an application to a court of competent
jurisdiction for a search and/or seizure warrant describing therein
the specific location subject to the warrant. The warrant application
shall specify what, if anything, may be searched and/or seized on
the property described. If granted by the court, such warrant shall
be served at reasonable hours by the Village of Pittsford in the company
of a uniformed officer of the law enforcement agency with jurisdiction
over the property. In the event of an emergency affecting public health
and safety, inspections may be made without the issuance of a warrant.
A.
Prohibition of illegal discharges.
(1)
No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. Such activities include failing private sewage disposal systems as defined in § 165-2, improper management of animal waste or any other activity that causes or contributes to violations of the municipality's municipal separate storm sewer system SPDES permit authorization.
(2)
Upon notification to a person that he or she is engaged in activities
that cause or contribute to violations of the municipality's
separate storm sewer system SPDES permit authorization, that person
shall take all reasonable actions to correct such activities such
that it no longer causes or contributes to violations of the municipality's
separate storm sewer system SPDES permit authorization.
B.
Prohibition exceptions.
(1)
The commencement, conduct or continuance of any illegal discharge
to the storm drain system is prohibited except as described as follows:
(a)
The following discharges are exempt from discharge prohibitions
established by this chapter: waterline flushing or other potable water
sources, landscape irrigation or lawn watering, diverted stream flows,
rising groundwater, groundwater infiltration to storm drains, uncontaminated
and non-sediment-laden pumped groundwater, foundation or footing drains
(not including active groundwater dewatering systems), crawl space
pumps, air-conditioning condensation, springs, noncommercial washing
of vehicles, natural riparian habitat or wetland flows, swimming pools
(if dechlorinated, typically less than one PPM chlorine), firefighting
activities and any other water source not containing pollutants. Regardless
of exemption, best management practices should be implemented to reduce
impacts from the above activities.
(b)
Discharges specified, in writing, by the Village of Pittsford
as being necessary to protect public health and safety.
(c)
Dye testing is an allowable discharge, but requires a verbal
notification to the Village of Pittsford prior to the time of the
test.
(2)
The prohibition shall not apply to any nonstormwater discharge permitted
under SPDES permit, waiver or waste discharge order issued to the
discharger and administered under the authority of the New York State
Department of Environmental Conservation, provided that the discharger
is in full compliance with all requirements of the permit, waiver
or order and other applicable laws and regulations, and provided that
written approval has been granted for any discharge to the storm drain
system by the Village of Pittsford.
C.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this chapter if the
person connects a pipe or line conveying sewage to the municipal separate
storm sewer system or allows such a connection to continue.
D.
Waste disposal prohibitions. No person shall throw, deposit, leave,
maintain, keep, or permit to be thrown, deposited, left, or maintained,
in or upon any public or private property, driveway, parking area,
street, alley, sidewalk, component of the storm drainage system, or
water of the United States, any refuse, rubbish, yard/lawn waste,
garbage, litter, or other discarded or abandoned objects, articles,
and accumulations, so that the same may cause or contribute to pollution.
Wastes deposited in streets in proper waste receptacles for the purposes
of collection are exempted from this prohibition.
E.
Prohibition against failing private sewage disposal systems. No person
shall construct or maintain any cesspool, sewage disposal system,
pipe or drain so as to expose or discharge the sewage contents or
other deleterious liquids or matter therefrom to the atmosphere or
on the ground surface or into any storm sewer or drain or as to endanger
any watercourse or body of water unless a permit for such discharge
shall have been issued by the Monroe County Department of Public Health
or by the State Department of Health or the State Department of Environmental
Conservation and such discharge shall be made in accordance with the
requirements thereof. Owners or operators of private sewage disposal
systems shall operate, maintain and inspect such systems in accordance
with the Monroe County Sewer Use Law.
F.
Prohibition of stormwater discharge to sanitary sewer. Stormwater
shall not be discharged into the sanitary sewer without written permission
to do so from the Village of Pittsford.
A.
Suspension due to illicit discharges in emergency situations. The
Village of Pittsford may, without prior notice, suspend discharge
access into the municipal separate storm sewer system to a person
when such a suspension is necessary to stop an actual or threatened
discharge which presents or may present imminent and substantial danger
to the environment; to the health or welfare of persons; to the storm
drainage system including but not limited to pipes, manholes, outfall
structures and storm laterals; or the waters of the United States.
If the violator fails to comply with a suspension order, the Village
of Pittsford may take such steps as deemed necessary to prevent or
minimize damage to the municipal separate storm sewer system or waters
of the United States or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the municipal separate storm sewer system in violation
of this chapter may have his or her municipal separate storm sewer
system access suspended or terminated if such action would abate or
reduce an illicit discharge. The Village of Pittsford will notify
a violator of the proposed suspension or termination of its municipal
separate storm sewer system access. The violator may petition the
Village of Pittsford Board of Trustees or its designee to reconsider
the suspension or termination of municipal separate storm sewer system
access by requesting a hearing.
C.
It shall be unlawful for any person to reinstate municipal separate
storm sewer system access to premises suspended or terminated pursuant
to this section without the prior approval of the Village of Pittsford.
Any person subject to an industrial or construction activity
SPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the Village of Pittsford prior to discharge
or as a condition of a subdivision map, site plan, building permit,
or development or improvement plan; upon inspection of the facility;
during any enforcement proceeding or action; or for any other reasonable
cause.
A.
Applicability. This section applies to all facilities that the Village
of Pittsford must inspect to enforce any provision of this chapter,
or whenever the Village of Pittsford has cause to believe that there
exists, or potentially exists, in or upon any premises any condition,
which constitutes a violation of this chapter.
B.
Access to facilities.
(1)
The Village of Pittsford shall be permitted to enter and inspect,
at any time, facilities subject to regulation under this chapter as
often as may be necessary to determine compliance with this chapter.
If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives
of the Village of Pittsford.
(2)
Facility operators shall allow the Village of Pittsford ready access
to all parts of the premises for the purpose of inspection, sampling
and examination of the private storm drainage system. Persons or facility
operators must supply copies if requested by the Village of Pittsford
of all records kept under the conditions of the SPDES stormwater discharge
permit. Persons or facility operators must also identify the performance
of any additional duties as defined by state and federal law.
(3)
The Village of Pittsford shall have the right to place or position
on any permitted facility such devices as are necessary in the opinion
of the Village of Pittsford to conduct monitoring and/or sampling
of the facility's discharge to the storm sewer system.
(4)
The Village of Pittsford has the right to require the discharger
to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at his
or her own expense. All devices used to measure stormwater flow and
quality shall be calibrated as necessary and recommended by the manufacturer
to ensure their accuracy.
(5)
Any temporary or permanent obstruction to the facility, which allows
for unsafe access or difficulty in monitoring, inspecting or sampling
of the storm drainage system shall be promptly removed by the discharger
at the written or verbal request of the Village of Pittsford and shall
not be replaced. All costs associated with clearing such access restrictions
shall be borne by the discharger in full.
(6)
Unreasonable delays, as determined by the Village of Pittsford, in
allowing the Village of Pittsford access to a facility, which is permitted
under the New York State Department of Environmental Conservation
SPDES Program, for the purposes of conducting any activity authorized
or required by the permit is considered a violation of said program
and of this chapter.
(7)
If the Village of Pittsford has been refused access to any part of
the premises from which a discharge or conveyance to the storm sewer
system exists, and the Village of Pittsford is able to demonstrate
probable cause to believe that there may be a violation of this chapter,
or that there is a need to further inspect and/or sample the private
stormwater system to verify compliance with this chapter or any order
issued hereunder, or to protect the overall public health, safety
and welfare of the community, then the Village of Pittsford may seek
issuance of a search warrant from any court of competent jurisdiction.
A.
Best management practices. The Village of Pittsford will adopt requirements
identifying best management practices (BMPs) for any activity, operation
or facility which may cause or contribute to pollution or contamination
of stormwater, the storm drain system or waters of the United States.
The owner or operator of a commercial or industrial establishment
shall provide, at his or her own expense, reasonable protection from
accidental discharge of prohibited materials or other wastes into
the municipal storm drain system or watercourses through the use of
structural and nonstructural BMPs. Further, any person responsible
for a property or premises, which is, or may be, the source of an
illicit discharge, may be required to implement, at said person's
expense, additional structural and nonstructural BMPs to prevent the
further discharge of pollutants to the municipal storm drainage system
separate storm sewer system. Compliance with all terms and conditions
of a valid SPDES permit authorizing the discharge of stormwater associated
with industrial activity, to the maximum extent practicable, shall
be deemed compliant with the provisions of this section. Appropriately
designed structural/nonstructural BMPs shall be included as part of
a stormwater pollution prevention plan (SWPPP) as necessary for compliance
with requirements of the SPDES permit.
B.
Private sewage disposal systems. Where private sewage disposal systems are contributing to the Village of Pittsford being subject to the special conditions as defined in § 165-2 of this chapter, the owner or operator of such private sewage disposal system shall be required to maintain and operate the system as follows:
A.
No person shall alter a stormwater practice on private or publicly
owned land such that it alters the stormwater practice or watercourse
from its intended use.
B.
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of
the watercourse within the property in a manner which prevents illicit
discharges and keeps the watercourse free of trash, debris, yard/lawn
waste, excessive vegetation and other obstacles that would pollute,
contaminate or significantly retard the flow of water through the
watercourse. In addition, the owner or lessee shall maintain existing
privately owned structures within or adjacent to a watercourse so
that such structures will not become a hazard to the use, function
or physical integrity of the watercourse.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in the illegal discharge of pollutants into stormwater, the public
or private storm drain system or waters of the United States, said
person shall take all necessary steps to ensure the discovery, containment
and cleanup of any such release. In the event a release of hazardous
materials occurs, said person shall immediately notify the NYSDEC
Region 8 Spill Response Team and/or call the NYS Spill Hotline within
the time frame established by law as well as notify the Village of
Pittsford of the occurrence. In the event of a release of nonhazardous
materials, said person shall notify the Village of Pittsford in person
or by phone or facsimile no later than the next business day. Notifications
in person or by phone shall be confirmed by written notice addressed
and mailed to the Village of Pittsford, postmarked within three business
days of the date of the in person or phone notice. If the discharge
of prohibited materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least five years.
A.
Whenever the Village of Pittsford finds that a person has violated
a prohibition or failed to meet a requirement of this chapter, the
Village of Pittsford may order compliance by written notice of violation
to the responsible person. Such notice may require, without limitation:
(1)
The performance of monitoring, analyses and reporting.
(2)
The elimination of illicit connection or discharges.
(3)
That violating discharges, practices or operations shall cease and
desist.
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property.
(5)
Payment of a fine to cover administrative and remediation costs.
(6)
The implementation of source control or treatment BMPs.
(7)
The abatement of an alteration or failure to maintain a stormwater
practice or watercourse.
B.
If abatement of a violation and/or restoration of affected property
are required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within
the established deadline, the work will be done by a designated governmental
agency or a contractor, and the expense thereof shall be assessed
upon the real property on which such work was performed. Such expense
shall constitute a lien and charge on such real property on which
it is levied until it is paid or otherwise satisfied or discharged
and shall be collected by the Village Treasurer in the manner provided
by law for the collection of delinquent taxes.
In addition to or as an alternative to any penalty provided
herein or by law, any violation of this chapter is punishable by a
fine not to exceed $350 or imprisonment for a period not to exceed
15 days, or both, for conviction of a first offense; a second violation
of this chapter committed within a period of five years is punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed 30 days; or both; and a third or subsequent
violation of this chapter within a period of five years is punishable
by a fine not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed 30 days, or both. Each day's continued
violation shall constitute a separate additional violation.
Within 10 days after abatement of the violation, the owner of
the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protection
claim objecting to the amount of the assessment within 10 days. If
the amount due is not paid within a timely manner as determined by
the decision of the municipal authority or by the expiration of the
time in which to file an appeal, the charges shall become a special
assessment against the property and shall constitute a lien on the
property for the amount of the assessment. Any person violating any
of the provision of this article shall become liable to the Village
of Pittsford by reason of such violation.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this chapter. If
a person has violated or continues to violate the provisions of this
chapter, the Village of Pittsford may petition for a preliminary or
permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
In lieu of enforcement proceedings, penalties and remedies authorized
by this chapter, the Village of Pittsford may impose upon a violator
alternative compensatory actions, such as storm drain stenciling,
attendance at compliance workshops, creek cleanup, etc.
In addition to the enforcement processes and penalties 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 at the violator's expense, and/or a civil
action to abate enjoin or otherwise compel the cessation of such nuisance
may be taken.
A.
For the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Any person that has violated or continues to violate this chapter shall be liable to criminal prosecution to the fullest extent of the law, and upon conviction, shall be guilty of a violation and subject to a penalty as set forth in § 165-16 of this chapter.
B.
The Village of Pittsford may recover all attorney fees, court costs
and other expenses associated with enforcement of this chapter, including
sampling and monitoring expenses.
The remedies listed in this chapter are not exclusive of any
other remedies available under any applicable federal, state or local
law and it is within the discretion of the Village of Pittsford to
seek cumulative remedies.
