Town of Canandaigua, NY
Ontario County
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Table of Contents
Table of Contents
In any instance where this chapter is violated, the Town of Canandaigua may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with the terms of this chapter, or to enforce a violation of this chapter, or to restrain by injunction the violation of this chapter.
An application for a building permit shall include a section requesting consent by the parcel owner to permit the authority having jurisdiction to enter upon the premises without a search warrant to inspect the work which is the subject matter of the permit application.
If a parcel owner fails to complete an inspection required by this chapter, or to allow access to the parcel for the required inspection, the authority having jurisdiction shall obtain an administrative search warrant, which may be issued by a court of competent jurisdiction, to complete the required inspection.
The Town Board (acting as the Town Board of Health) may schedule a hearing on an on-site wastewater treatment system that the authority having jurisdiction has determined to be in failure and has not been rectified by the parcel owner. In instances where the violation is deemed by the authority having jurisdiction to pose an imminent threat to public health, the Town Board may direct that the Town take corrective action and assess all costs and expenses incurred by the Town in connection with the proceedings and correction of the violation upon the parcel. The Town Board shall ascertain the cost of such correction action and such cost shall be charged and assessed against the owner of the property. The expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
Each violation of a provision of this chapter shall be punishable by a fine not to exceed the sum of $250 or by imprisonment of not more than 15 days, or both. Each week such violation continues after notification to the person in violation shall constitute a separate violation. Such violation notice shall be served by certified mail, return receipt requested, or by personal service. Service by certified mail shall be complete upon deposit of the notice with the United States Postal Service.