[HISTORY: Adopted by the Town Board of the Town of Ogden
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-19-2007 by L.L. No. 13-2007 (Ch. 166, Art. I, of the 1995
Code)]
The purpose and intent of this article 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 article, 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. Section 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 § 236-7 of this article and any stormwater discharges to the sanitary sewer except as permitted by the Town of Ogden.
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 Town of Ogden.
Any stormwater discharge to a sanitary sewer unless approved
by the Town of Ogden.
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, ordinances 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 storm, surface
and ground waters 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 shall also 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 (MS4) 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 Town of Ogden must take all necessary
actions to ensure future discharges do not cause or contribute to
a violation of water quality standards.
Section 303 (d)-listed waters: the condition in the Town of
Ogden's MS4 permit that applies where the Town of Ogden 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
Town of Ogden's MS4 permit where a TMDL including requirements
for control of stormwater discharges has been approved by the EPA
for a water body or watershed into which the Town of Odgen discharges.
If the discharge from the Town of Ogden did not meet the TMDL stormwater
allocation prior to September 10, 2003, the Town of Ogden 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 Town of Ogden's MS4 permit that applies
if a TMDL is approved in the future by the EPA for any water body
or watershed into which the Town of Ogden discharges. Under this condition
the Town of Ogden must review the applicable TMDL to see if it includes
requirements for control of stormwater discharges. If the Town of
Ogden is not meeting the TMDL stormwater allocations, the Town of
Ogden 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 areawide 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 or business 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.
The maximum amount of a pollutant to be allowed to be released
into a water body 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.
Waters of the United States as defined at 40 CFR 122.2.
Surface watercourses 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 article shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands, unless explicitly
exempted by the Town of Ogden. The article also applies to stormwater
entering the sanitary sewers.
The Town of Ogden shall administer, implement and enforce the
provisions of this article. Any powers granted or duties imposed upon
the Town of Ogden may be delegated in writing by the Supervisor of
the Town of Ogden to persons or entities acting in the beneficial
interest of or in the employ of the Town.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore, this article 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.
Authorized representatives of the Town of Ogden, 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 Town
of Ogden 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 Town of Ogden 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.
While performing the necessary work on private properties referred to in § 236-6A, the Town of Ogden shall observe all safety rules applicable to the premises established by the owner of the private property, and the owner shall be held harmless for injury or death to the authorized representative(s), and the Town of Ogden shall indemnify the owner against loss or damage to its property by the Town of Ogden employees and against liability claims and demands for personal injury or property damage asserted against the owner by the Town of Ogden employees and growing out of the inspection and sampling operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions.
D.
Unreasonable delays in allowing the Town of Ogden access to the premises
or other interference with the activities of the Town of Ogden shall
be a violation of this article. Access to property and/or records
of a nondomestic source may not be refused on the basis that the Town
of Ogden refuses to sign any waiver, access agreement, or similar
document.
E.
If the Town of Ogden has been refused access to a building, structure
or property or any part thereof, and if the Town of Ogden has demonstrated
probable cause to believe that there may be a violation of this article
or that there is a need to inspect, as part of a routine inspection
program of the Town of Ogden, to verify compliance with this article,
or any permit or order issued hereunder, or to protect the overall
public health, safety and welfare of the community, then the Town
of Ogden is empowered to 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 Town of Ogden, 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 § 236-2, improper management of animal waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
(2)
Upon receiving notification from the Town of Ogden, any person engaged
in activities that cause or contribute to violations of the municipality's
MS4 SPDES permit authorization shall take all reasonable actions to
correct such activities, such that he or she no longer causes or contributes
to violations of the municipality's MS4 SPDES permit authorization.
B.
Prohibition exceptions. The commencement, conduct or continuance
of any illegal discharge to the storm drain system is prohibited,
except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this article: flushing water line 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), fire-fighting
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.
(2)
Discharges specified in writing by the Town of Ogden as being necessary
to protect public health and safety.
(3)
Dye testing, provided that verbal notification is given to the Town
of Ogden prior to the time of the test.
(4)
Any nonstormwater discharge permitted under an 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 Town of
Ogden.
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 article if the
person connects a pipe or line conveying sewage to the municipal separate
storm sewer system (MS4) 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 therefor by the Monroe County Department of
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 Sanitary Code.
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 Town of Ogden.
A.
Suspension due to illicit discharges in emergency situations. The
Town of Ogden may, without prior notice, issue a suspension notice
to any person, suspending discharge access into an MS4 when such suspension
is necessary to stop an actual or threatened discharge which presents
or may present imminent and/or 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 Town of Ogden may take
such steps as deemed necessary to prevent or minimize damage to the
MS4 or waters of the United States or to minimize danger to persons.
B.
Suspension due to detection of illicit discharge. Any person discharging
to an MS4 in violation of this article may have its MS4 access suspended
or terminated if such action would abate or reduce an illicit discharge.
The Town of Ogden will notify a violator of the proposed suspension
or termination of its MS4 access. The violator may petition the Town
of Ogden to reconsider the suspension or termination of MS4 access
by requesting a hearing. Such hearing, and any decision thereon, shall
be heard by a committee composed of the Town Engineer, Town Superintendent
of Highways and Town Building Inspector.
C.
It shall be unlawful for any person to reinstate MS4 access to premises
suspended or terminated pursuant to this section without the prior
approval of the Town of Ogden.
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 Town of Ogden 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 Town
of Ogden is required to inspect to enforce any provision of this article
or whenever the Town of Ogden has cause to believe that there exists,
or potentially exists, in or upon any premises, any condition which
constitutes a violation of this article.
B.
Access to facilities.
(1)
The Town of Ogden shall be permitted to enter and inspect, at any
time, facilities subject to regulation under this article as often
as may be necessary to determine compliance with this article. 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 Town of Ogden.
(2)
Facility operators shall allow the Town of Ogden 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 Town of Ogden, of
all records kept under the conditions of any SPDES stormwater discharge
permit. Persons or facility operators must also furnish to the Town
of Ogden all records required to be maintained relating to the performance
of any additional duties as required by state and federal law.
(3)
The Town of Ogden shall have the right to place or position on any
permitted facility such devices as are necessary, in the opinion of
the Town of Ogden, to conduct monitoring and/or sampling of the facility's
discharge to the storm sewer system.
(4)
The Town of Ogden is empowered to require the discharger to install
monitoring equipment, as necessary. The facility's sampling and
monitoring equipment shall be maintained by the discharger at all
times in a safe and proper operating condition and at its own expense.
All devices used to measure stormwater flow and quality shall be calibrated,
as necessary and recommended by the manufacturer, to ensure their
continued 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 Town of Ogden 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 Town of Ogden, in allowing
the Town of Ogden access to a facility operating under a permit issued
by 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 article.
(7)
If the Town of Ogden has been refused access to any part of the premises
from which a discharge or conveyance to the storm sewer system exists
and the Town of Ogden is able to demonstrate probable cause to believe
that there may be a violation of this article or that there is a need
to further inspect and/or sample the private stormwater system to
verify compliance with this article or any order issued hereunder
or to protect the overall public health, safety and welfare of the
community, then the Town of Ogden may seek issuance of a search warrant
from any court of competent jurisdiction.
A.
Best management practices. The Town of Ogden shall adopt and establish
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 all commercial or industrial
establishments shall provide, at its 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 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 compliance 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 individual sewage treatment systems are contributing to the Town of Ogden being subject to the special conditions, as defined in § 236-2 of this article, the owner or operator of such individual sewage treatment 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 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 discharges 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 New York State Spill
Hotline at 1-800-457-7362 within the time frame established by law
as well as notify the Town of Ogden of the occurrence. In the event
of a release of nonhazardous materials, said person shall notify the
Town of Ogden 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 Town of Ogden at 269
Ogden Center Road, Spencerport, New York 14559, 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.
Notice of violation.
(1)
Whenever the Town of Ogden finds that a person has violated a prohibition
of this article or failed to meet a requirement of this article, the
Town of Ogden may order compliance by written notice of violation
to the responsible person. Such notice may require, without limitation:
(a)
The performance of monitoring, analyses and reporting.
(b)
The elimination of illicit connection or discharges.
(c)
That violating discharges, practices or operations shall cease
and desist.
(d)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property.
(e)
Payment of a fine to cover administrative and remediation costs.
(f)
The implementation of source control or treatment BMPs.
(2)
If abatement of a violation and/or restoration of affected property
is 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 the Town of Ogden
or its designated contractor and the expense thereof shall be charged
to the violator.
B.
Penalties. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this article
shall be guilty of a violation 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 purposes of conferring jurisdiction upon
courts and judicial officers generally, violations of this article
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.
Any person receiving a notice of violation may appeal the determination
of the Town of Ogden. The notice of appeal must be received within
five days from the date of the notice of violation. A hearing on the
appeal before the Town Board or its designee shall take place within
15 days from the date of receipt of the notice of appeal. The decision
of the Town Board or its designee shall be final.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation or, in the event of an appeal,
within two days of the decision of the Town Board upholding the decision
of the Town of Ogden, its representatives and/or employees may enter
upon the subject private property with the consent of the owner or
with a valid search and/or seizure warrant and are authorized to take
any and all measures necessary to abate the violation and/or restore
the property.
Within 15 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 five days.
If the amount due is not paid within a timely manner, as determined
by the decision of the Town Board or by the expiration of the time
within 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 provisions of this article shall become liable to the Town
of Ogden by reason of such violation. The liability shall be paid
in not more than 12 equal payments. Interest at the rate of 18% per
annum shall be assessed on the balance beginning on the first day
following final determination of the special assessment.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the Town of Ogden 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 or in addition to enforcement proceedings, penalties
and/or remedies authorized by this article, the Town of Ogden may
impose alternative compensatory actions upon a violator, such as storm
drain stenciling, attendance at compliance workshops, creek cleanup,
or other alternative compensatory activities.
Additionally, any condition caused or permitted to exist in
violation of any of the provisions of this article 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 in a civil action commenced by the Town of Ogden to abate,
enjoin, or otherwise compel the cessation of such nuisance.
A.
Any person who has violated or continues to violate this article
shall be subject to criminal prosecution to the fullest extent of
the law. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of the article
shall be subject to 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 purposes
of conferring jurisdiction upon courts and judicial officers generally,
violations of this article 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.
B.
The Town of Ogden may recover all attorney fees, court costs and
other expenses associated with enforcement of this article, including
sampling and monitoring expenses.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law, and it is within the discretion of the Town of Ogden to seek
cumulative remedies.
This article shall be in full force and effect after its final
passage and adoption and upon filing with the Secretary of State,
as required by law. To the extent that this article is in conflict
with any existing codes of the Town of Ogden, the terms and provisions
of this article shall control.
