Town of Canandaigua, NY
Ontario County
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Table of Contents
Table of Contents
A. 
On parcels for which a building permit for an on-site wastewater treatment system or inspection has been requested by the parcel owner or parcel owner's agent, the authority having jurisdiction shall be permitted by the parcel owner to make a physical inspection of the lands and premises in order to determine that all of the requirements of this chapter have been complied with.
B. 
When an inspection is required by Article III of this chapter, the authority having jurisdiction shall order the parcel owner to provide a report of findings attested to by a design professional or an on-site training network certified inspector as will adequately describe the type, capacity, location of the elements of the existing system, condition, and functionality of the existing system in order to determine that all of the requirements of this chapter have been complied with. Upon receipt of order, the parcel owner shall be given 30 days to complete a new inspection of the on-site wastewater system and submit a report of findings to the authority having jurisdiction. If refused, the authority having jurisdiction shall apply to a court of competent jurisdiction for a search warrant.
[Amended 7-15-2019 by L.L. No. 4-2019]
C. 
The authority having jurisdiction, upon show of due cause, shall order the parcel owner to provide a report of findings attested to by a design professional or an on-site training network certified inspector as will adequately describe the type, capacity, location of the elements of the existing system, condition, and functionality of the existing system. Upon receipt of order, the parcel owner shall be given 30 days to complete a new inspection of the on-site wastewater system and submit a report of findings to the authority having jurisdiction. If refused, the authority having jurisdiction shall apply to a court of competent jurisdiction for a search warrant.
[Amended 7-15-2019 by L.L. No. 4-2019]
A. 
Upon discovery of an on-site wastewater treatment system which is in failure, the authority having jurisdiction shall immediately notify the parcel owner in writing of the failure through a notice of violation. It shall be the responsibility of the parcel owner to forward the notice of violation to other involved or interested parcel owners or renters. The notice of violation shall include the specific section of the law being violated, the components of the system which are not in compliance with the requirements of this chapter, the action that is necessary to correct the noncompliance, the date by which the permit must be obtained, the timeframe in which corrective actions must be completed.
B. 
The authority having jurisdiction shall, by written notice and/or posting, order all work stopped on any on-site wastewater treatment system which is in violation of this chapter.
C. 
Upon receipt of a notice of violation of a failed system that is directly discharging to the surface and/or surface water, the authority having jurisdiction shall order that the discharge be terminated immediately and if the on-site wastewater treatment system has a tank, the outlet shall be sealed and the tank used as a holding tank until the system is brought into compliance.
D. 
Upon discovery of a substandard system with an absorption area which is within 200 feet of Canandaigua Lake, the authority having jurisdiction shall notify the parcel owner in writing through a notice of noncompliance. The notice of noncompliance shall include the specific section of the law being violated, the components of the system that are not in compliance with the requirements of this chapter, the action that is necessary to correct the noncompliance, and that the system shall be brought into compliance with this chapter within 12 months of the conveyance of real property as required by § 202-7 of this chapter.
A. 
Failure to complete required inspection and/or send the inspection reports to the authority having jurisdiction is a violation of this chapter and is punishable according to Article VII of this chapter. The authority having jurisdiction shall notify the parcel owner through a notice of violation.
B. 
Upon receipt of a notice of violation, the parcel owner shall be given 30 days to complete and submit the inspection report to the authority having jurisdiction.