Town of Milo, NY
Yates County
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Table of Contents
Table of Contents
[Amended 3-16-2015 by L.L. No. 1-2015]
The purpose of this article is to provide for inspections of all properties connected to sewer systems owned and operated by the Town of Milo; specifically including the inspection required prior to the sale or transfer of title of real property located in the Town of Milo that is connected to a Milo sewer system.
[Added 3-16-2015 by L.L. No. 1-2015]
No connections, which are intended to discharge inflow, shall be made to the Town sewer system. Such prohibited connections include, but are not limited to, footing drains, roof leaders, roof drains, cellar drains, sump pumps, catch basins, uncontaminated cooling water discharges or other sources of inflow.
[Added 3-16-2015 by L.L. No. 1-2015]
For existing improved properties connected to a Town sewer system with any of the prohibited connections referred to above must be disconnected in a fashion and date approved by the Town of Milo Code Enforcement Officer (hereinafter "CEO"); if the inspection is done in conjunction with a sale or transfer of the real property, the disconnection shall be done in a fashion approved by the CEO prior to the sale or transfer of the property.
[Added 3-16-2015 by L.L. No. 1-2015]
It shall be a willful violation of this article for any property owner to reconnect any inflow source which has been disconnected pursuant to this article.
[Added 3-16-2015 by L.L. No. 1-2015]
A. 
Upon notice to the owner of improved property connected to a Town sewer system, the CEO or his duly authorized representative shall inspect the property to determine that no violation exists.
B. 
Prior to the sale or transfer of title of real property located in the Town of Milo used for residential or business purposes, including farm residences and farm businesses, that is connected to a Town sewer system, the owner or transferor of the property shall not transfer the same until first applying for an inspection by the CEO or his duly authorized representative. The purpose of such inspection shall be to determine whether said use of said property is in compliance with Milo Town Code, Chapter 279, and the laws of the State of New York specifically related to unlawful discharge into a sanitary sewer system.
C. 
There shall be no inspection fee to the property owner if said property owner or his or her agent meets with the CEO at the specified time and date for the infiltration/inflow inspection. However, upon making arrangements for said infiltration/inflow inspection for the purpose of selling the property, if the property owner or his or her agent is unable to meet with the CEO at the specified time and date and without a reasonable cancellation time, a charge as set from time to time by the Town Board shall be assessed against the property owner for failure to keep the appointment to perform the inspection. If the property owner or his or her agent fails to appear for each subsequent inspection without a reasonable cancellation notice, a charge as set from time to time by the Town Board will be assessed to the property owner.
[Added 3-16-2015 by L.L. No. 1-2015]
Whenever it shall appear to the CEO that there is a prohibited connection to a Town of Milo sewer system, a written notice of violation shall be given to the property owner specifying the nature of the violation and required corrective action. The property owner shall comply with said notice within 30 calendar days. If the 30th calendar day falls on a Saturday, Sunday or legal holiday, the 30th day shall be the next business day following the 30th calendar day. The property owner shall obtain a sewer disconnection permit and complete the work outlined in the sewer disconnection permit within the time period specified in the permit.
[Added 3-16-2015 by L.L. No. 1-2015]
After inspection is requested in regard to the sale or transfer of title, if it is determined that no violation exists, a certificate of approval to transfer title shall be issued. If the inspection was done during the ordinary course of business of the CEO, and if it is determined that no violation exists, a certificate of compliance shall be issued to the owner.
[Added 3-16-2015 by L.L. No. 1-2015]
A. 
The CEO, other duly authorized employees of the Town and representatives of the USEPA and NYSDEC bearing proper credentials and identification shall be permitted to enter all properties at reasonable times for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to a Town of Milo sewer system to determine ongoing compliance with this article. The owner and/or user shall be notified in writing at least 48 hours prior to any such inspection, observation, measurement, sampling and testing. The powers and authority herein granted shall be in addition to powers of inspection granted by law to the Town.
B. 
The Town shall have the right to set upon the user's property such devices as are necessary to conduct sampling or metering operations. The owner and/or user shall be notified in writing at least 48 hours prior to any such inspection, observation, measurement, sampling and testing.
C. 
All information in possession of the owner bearing on the industrial, commercial or other processes which, in the judgment of the Town, affect the sewage system shall be made available to the CEO or his duly authorized representative.
D. 
Where a user has security measures in force, the user shall make necessary arrangements with his or her security guards so that, upon presentation of suitable identification, personnel from the Town will be permitted to enter without delay.
E. 
When any new connection or transfer of ownership is contemplated for a building that is to be connected to a Town sewer system, the CEO or his duly authorized representative shall have the right of entry for inspection of the property at reasonable times and in a reasonable manner for the purposes of inspection as specified in Subsections A, B, C and D hereinabove.
[Added 3-16-2015 by L.L. No. 1-2015]
Whenever it shall become necessary for the CEO to enforce, or any officer of the Town of Milo shall determine that Chapter 279, Sewers, of the Milo Code shall be required to be enforced, the costs incurred by said officer for consultation fees with engineers, attorneys or other professionals or costs incurred in enforcement of compliance with this Code, including but not limited to the costs of meeting the requirements of Article 6 of the New York State Environmental Conservation Law, commonly referred to as SEQR, the costs referred to hereinabove shall be charged to the applicant or owner of the real property. Said costs shall be reimbursed by the applicant or owner of the real property before a building permit may be issued or a certificate of occupancy, or a certificate of approval, may be issued; and upon failure by the applicant or property owner to make such reimbursement, then said reimbursement costs levied pursuant to this chapter are hereby made a lien on the premises, and if the same are not paid within 30 calendar days (if the 30th calendar day falls on a Saturday, Sunday or legal holiday, the 30th day shall be the next business day following the 30th calendar day) after it shall be deemed payable, the same shall be certified to the County Treasurer's office, which shall place the same on the real property tax roll for that year, with interest, and penalties allowed by law, and be collected as other taxes are collected.
[Added 3-16-2015 by L.L. No. 1-2015]
A. 
General enforcement. It shall be the duty of the CEO or his duly authorized representative to enforce these regulations and to bring to the attention of the Town Board any violations or lack of compliance herewith.
B. 
Any person or corporation who shall violate any of the provisions of this article or orders given pursuant thereto or who shall resist or obstruct the CEO or his duly authorized representative in carrying out the provisions of this article shall be subject to a conviction of a "violation" as defined in the Penal Law of the State of New York and shall be subject to a fine of not more than $250 for each offense, and each week after the giving of such notice shall constitute a separate offense.
C. 
Civil enforcement. Appropriate actions and proceedings may be taken by law or in equity proceedings to prevent any violation of these regulations, to prevent unlawful connections to a Town sewer system, to recover damages, to restrain, correct or abate a violation. Consequently, the Town Board may institute any appropriate action or proceeding, and in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation, to prevent and to restrain, correct or abate such violation or to prevent any illegal act, conduct, business or use in and about such premises.
D. 
Additional injunctive relief. Whenever a user has violated or continues to violate the provisions of this article or permit or order issued hereunder, the Town Board, through counsel, may petition the court for the issuance of a preliminary or permanent injunction, or both, (as may be appropriate) which restrains the violation of or compels the compliance with any order or determination thereunder, notwithstanding that this article provides a penalty or other punishment for such violation.
[Added 3-16-2015 by L.L. No. 1-2015]
The provisions of this article shall not be deemed to be a limitation or restriction on the authority of any department, official or employee of the Town pursuant to any other ordinance, local law, statute or other enactment of the Town of Milo or the State of New York.
[Added 3-16-2015 by L.L. No. 1-2015]
A. 
Computation of time. Whenever a notice is required to be given or an act to be done, stating a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.
B. 
Gender. A word importing the masculine gender only shall extend and be applied to the females as well as to males.
C. 
Title of officer. Whenever the title of a Town officer is given it shall be construed as though the words "of the Town of Milo" were added.
[Added 3-16-2015 by L.L. No. 1-2015]
This article shall be interpreted in such a way wherever possible so that the meaning of the words and phrases and sections herein shall make them valid and legal in their effect. Whenever the requirements of this article are at variance with the requirements of other lawfully adopted rules, regulations or laws, the law with the most restrictive provisions or those imposing the higher standards shall govern.
Duly authorized employees or agents of the District bearing proper credentials and identification shall be permitted to enter all private properties through which the District holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.