[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.
