The Town of Lansing hereby adopts this chapter, to be known
as the Town of Lansing "Local Law Number 1 of 2011." This chapter
shall apply only within those areas of the Town of Lansing as are
not located within the Village of Lansing. This chapter supersedes
any prior local laws, ordinances, rules, or regulations of the Town
of Lansing pertaining to the subject matter hereof, including, without
limitation, Local Law Number 5 of 1985 (Town of Lansing - Sewer Rent
and Charges Law).
The purpose of this chapter is to comply with New York State
laws and an intermunicipal agreement entered into pursuant to the
General Municipal Law of the State of New York relative to sewage
transportation and treatment for properties and systems within the
Town of Lansing. The specific purposes of this chapter are more particularly
stated as follows:
A. To permit discharges into the sanitary sewers of the Town of Lansing
sewer system and districts, including laterals and tributaries thereto,
that transport sanitary sewage, storm sewage, or normal sewage.
B. To prohibit excessive volumes and/or inordinate rates of flow of
sewage and wastes into Town of Lansing sewer systems.
C. To prohibit the contribution of sewage, industrial wastes, or other
wastes of a flammable nature, or those sewage, industrial wastes,
or other wastes that create, in any manner, any potential poisonous
or hazardous environment for Town sewer system or sewage treatment
plan employees, personnel, and similar persons.
D. To prohibit the contribution of sewage, industrial wastes, or other
wastes that may cause maintenance difficulties in trunk sewers, force
mains, pumping stations, sewage regulators, and other structures and
appurtenances to the Town of Lansing sewer system and any public sewers
tributary thereto.
E. To prohibit the contribution of sewage, industrial wastes, or other
wastes which may create operating difficulties at any sewage treatment
plants or water pollution control plants, as now exist or as any of
the same may hereafter be constructed, modified, or improved.
F. To prohibit and/or regulate by permit the contribution of sewage,
industrial wastes, or other wastes that require treatment at a level
or cost greater than required for equal volumes of normal sewage,
and to surcharge users for permitted effluent or contributions requiring
treatment levels or costs beyond the treatment level or costs normally
incurred for the collection, transportation, and treatment of normal
sewage.
G. To require the treatment, before introduction into the Town of Lansing
sewer system, of such wastes as may otherwise impair the strength
and/or durability of the structures appurtenant to the Town of Lansing
sewer system by direct or indirect chemical action, or that may otherwise
interfere with the normal treatment processes.
H. To provide the authority and procedures for the Town of Lansing to
promulgate rules; to investigate and prepare findings of facts; to
collect sewer charges, rents and fees; to issue permits; to hold hearings;
to make decisions, orders and opinions; and to give notice and make
public all rules and decisions affecting substantial rights of persons
or property.
I. To protect the public health and to prevent nuisances.
This chapter shall apply to all persons within or without the
Town of Lansing that use or are specifically benefitted by sewer services,
including any sewer system infrastructure, such as, but not limited
to, mains, pumps, and lateral and service connections.
Unless the context specifically indicates, admits, or requires
otherwise, the meaning of the following terms as used in this chapter
shall be as hereafter so defined:
BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")
The laboratory determination of the total quantity of oxygen
utilized in the biochemical oxidation of organic matter, or in satisfying
the oxygen demand of other materials present during incubation for
a given time and at a specified temperature. BOD is commonly reported
in milligrams per liter of oxygen used in a period of five days at
20° C.
CHLORINE DEMAND
The difference between the amount of chlorine added to water,
sewage, or industrial wastes and the amount of residual chlorine remaining
at the end of a fifteen-minute contact period at room temperature.
Chlorine demand is commonly expressed in milligrams per liter.
COD (DENOTING "CHEMICAL OXYGEN DEMAND")
The oxygen equivalent of that portion of the organic matter
in a sample that is susceptible to oxidation by a strong chemical
oxidant. The determination is made by the dichromate reduction by
oxidizable organic matter measured as the oxygen equivalent proportion
of the dichromate consumed, commonly expressed in milligrams per liter.
CONTESTED CASE
A proceeding including, but not restricted to, rate making,
surcharging, and the issuance of permits, in or by which the legal
rights, duties, or privileges of a party are required by law to be
determined by the Town of Lansing after an opportunity for a hearing
and/or other due process rights of any such person.
CONTROL MANHOLE
An accessible manhole at the connection between an industrial
building sewer and the public sewer. A control manhole shall be constructed
to allow and provide for the sampling, measuring, and observation
of industrial flows and industrial wastes.
COOLING WATER
The water discharged from any system of condensation, air
conditioning, cooling, refrigeration or other sources. It shall contain
no polluting substances which would produce: BOD or suspended solids
in excess of 10 milligrams per liter; toxic substances in excess of
allowed limits; any prohibited materials; or that could cause or contribute
to thermal pollution of any receiving waters.
GARBAGE
Solid wastes from: the domestic and commercial preparation,
cooking, and dispensing of any type of feed or food (e.g., whether
intended for human or nonhuman consumption or use); the handling,
storage, and sale of feed or produce; and/or from the packaging or
canning of feed or food.
GREASE or FATS
Any material which is extractable from an acidified sample
of waste by hexane or other designated solvent.
INDUSTRIAL WASTES
Any liquid, gaseous, or solid substance, or a combination
thereof, resulting from any process of industry, manufacturing, trade,
or business, or from the development or recovery of any natural resources.
NORMAL SEWAGE
A.
Sewage, industrial wastes or other wastes which, when analyzed,
show by weight the following characteristics:
(1)
BOD of 2,500 pounds per million gallons (or 300 milligrams per
liter) or less;
(2)
Chlorine demand of 208 pounds per million gallons (or 25 milligrams
per liter) or less;
(3)
COD of 5,000 pounds per million gallons (or 600 milligrams per
liter) or less;
(4)
Suspended solids of 2,500 pounds per million gallons (or 300
milligrams per liter) or less; and/or
(5)
Phosphates expressed as a concentration of phosphorus at 250
pounds per million gallons (or 30 milligrams per liter) or less.
B.
The values for these characteristics are subject to revision
by the Town of Lansing. The Town of Lansing may also add values for
other characteristics if such action becomes appropriate and applicable
to the treatment or transportation of sewage.
OTHER WASTES
Garbage (shredded or unshredded), refuse, wood, eggshells,
coffee grounds, sawdust, shavings, bark, sand, lime, cinder, ashes
and all other discarded matter not normally present in sewage or industrial
wastes.
P or PHOSPHATE
The concentration of phosphate as phosphorus expressed in
milligrams per liter.
PARTY
Each person or agency named or admitted as a party, or any
person properly seeking and entitled as of right to be admitted as
a party.
PERMIT
A license issued to allow the use of a Town of Lansing sewer
system for specific wastes over a limited period of time.
PERSON
Any individual, firm, company, association, society, corporation,
institution, entity, or group.
PETROLEUM HYDROCARBONS
That portion of the total extractable grease or fats, and
other petrol-based hydrocarbons, that are not retained on an activated
alumina absorption column after elutriating with hexane.
pH
The negative logarithm of the reciprocal of the weight of
hydrogen ions measured in grams per liter of solution. This measurement
indicates the intensity of acidity and alkalinity on the pH scale
running from 0.0 to 14.0. A pH value of 7.0, the midpoint of the scale,
represents pH neutrality. Values above 7.0 represent alkaline conditions
and those below 7.0 represent acidic conditions.
PROPERLY SHREDDED GARBAGE
Garbage arising from or in relation to the preparation, cooking
and dispensation of food that has been shredded to such a degree that
all particles will be carried freely under the flow conditions normally
prevailing in public sewers and/or the Town sewer system, with no
particle having a dimension greater than 1/4 inch in any dimension.
PUBLIC SEWER
The sewers, manholes, intercepting sewers, sewage pumping,
treatment and disposal works; any other plant, works or equipment
and accessories within any municipality that discharges its sewage
and liquid into a Town of Lansing sewer system; and any other plant,
works, or equipment and accessories that transport, process, or handle
sewage from any Town of Lansing sewer system or districts.
RECEIVING WATERS
A natural watercourse or body of water into which treated
sewage is discharged.
RULE
Each statement of general applicability that implements,
interprets or prescribes law, regulations, or policies, or that describe
the organization, procedure, or practice requirements of the Town
of Lansing in relation to public sewers. This term includes the amendment
or repeal of any prior rule and the adoption of any new rules or procedures.
SANITARY SEWAGE
Sewage discharging or conveying from the sanitary conveniences
of dwellings (including apartment houses and hotels, but not commercial
kitchens therein), office buildings, factories, institutions, and
filter backwash from swimming pools.
SANITARY SEWER
A sewer which carries sewage and into which stormwater, surface
water, and groundwater are not intentionally admitted.
SCAVENGER WASTES
The matter collected from privies, septic tanks, cesspools,
chemical toilets, camper and marine holding tanks, sludge from biological
treatment of industrial wastes, and other domestic waste collection
devices.
SEWAGE
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 as above defined with industrial
wastes or other wastes also shall be considered "sewage" within the
meaning of this definition.
SEWAGE TREATMENT PLANT or WATER POLLUTION CONTROL PLANT
Any arrangement of devices and structures used for treating
sewage and industrial wastes, the handling of sludge resulting from
such treatment, and the discharge of treated effluent and/or liquids
into a designated body of water or receiving waters.
SEWER
A pipe or conduit for carrying sewage.
SEWERAGE SURCHARGE
The demand payment for the use of a public sewer and/or sewage
treatment plant for handling any sewage, industrial wastes or other
wastes accepted for admission thereto in which the characteristics
thereof exceed the maximum values of such characteristics in normal
sewage.
SEWERAGE SYSTEM
All facilities and appurtenances used or intended to be utilized
in or for the collection, regulation, pumping, and transportation
of sewage to a sewage treatment plant.
SLUG
Any discharge of water, sewage, or industrial waste which,
in the concentration of any given constituent or in the volume of
flow, exceeds, for any period of duration longer than five minutes,
more than five times the average twenty-four-hour concentration or
flow during normal operation.
STORM SEWER or STORM DRAIN
A sewer which carries stormwater and surface waters and drainage,
but which excludes sewage and industrial wastes other than cooling
waters and unpolluted waters.
SUSPENDED SOLIDS
The laboratory determination of the dry weight expressed
in milligrams per liter of solids that float on the surface, are in
suspension in sewage, or are settleable, and can be removed from sewage
by filtration under approved conditions of analysis.
TOWN SEWER SYSTEM, TOWN SEWER or TOWN OF LANSING SEWER SYSTEM
Any sewer plant, pipe, pump, equipment, or accessory or other
appurtenance, and including any land (or rights therein), that are
owned, operated, or managed by the Town of Lansing, including, but
not limited to, trunk sewers, collection sewers, force mains, pumping
stations, sewage treatment plants, and each and all other accessory
and appurtenant structures or devices either owned or leased by the
Town of Lansing, or otherwise utilized by the Town of Lansing, directly
or indirectly, in the transportation, handling, processing, treatment,
and/or discharge of sewage, industrial waste, and other waste.
TOXIC SUBSTANCES
Any substance whether gaseous, liquid, or solid that, when
discharged to a public sewer in sufficient quantities, will be detrimental
to the sewer system, interfere with any biological sewage treatment
process, constitute a hazard to human beings or animals, may inhibit
aquatic life, or create a hazard to recreation in any receiving waters.
Any persons who maliciously, willfully or recklessly break,
damage, destroy, uncover, deface, or tamper with any structure, appurtenance,
or equipment which is a part of the Town sewer system shall be in
violation of this chapter and Article 145 of the Penal Law.
Single- or two-family residence, permit not available. Notwithstanding
the foregoing provisions of this chapter, and subject to the provisions
hereinafter set forth, the connection of improvements consisting of
a single-family residence or two-family residence to a private sewage
disposal system shall be allowed where the property is in a sewer
district or extension when connection of such improvements to such
public sewer is not possible because a sewer permit cannot be obtained
due to the unavailability of sewerage treatment capacity to the Town
of Lansing. Such connection to a private sewage disposal system shall
be allowed only upon the following terms and conditions:
A. Any and all governmental approvals and permits required for the installation
of such private sewage disposal system, including, but not limited
to, the approval of the Tompkins County Health Department, shall have
been obtained.
B. The parcel upon which such private sewage disposal system is to be
installed shall meet the minimum lot size requirements under applicable
zoning laws or ordinances, or, if it does not meet such minimum lot
size requirements:
(1) Such lot shall have been approved by the Town Planning Board for a private sewage disposal system as a subdivided lot and as part of an approved subdivision plat pursuant to Chapter
235, Subdivision of Land, of the Code of the Town of Lansing (and subject to all conditions attached to such Planning Board approval) and such subdivision plat is a sealed final plat; or
(2) The owner of such lot shall have received a duly issued variance
from the Town of Lansing Zoning Board of Appeals approving such lot
for a private sewage disposal system notwithstanding its deficient
lot size.
C. The owner of such improvements shall file with the Town of Lansing
a copy of the private sewage disposal system permit issued for such
improvements by the Tompkins County Health Department.
D. Connection of improvements.
(1) The improvements connected to such private sewage disposal system
shall be connected to any available public sewer upon the occurrence
of any of the following events:
(a)
Such connection is required by the Tompkins County Health Department
or other public body or agency having proper jurisdiction.
(b)
Such private sewage disposal system is not functioning satisfactorily
or requires substantial maintenance, repair, upgrades, alterations,
or additions.
(c)
The expiration of five years from the date the permit is issued
for such private sewage disposal system by the Tompkins County Health
Department.
(2) Upon the earliest occurrence of any of the foregoing events, a written
notice shall be served upon the owner or occupant of any such improvements
by the Tompkins County Health Department or the Town of Lansing, or
its duly authorized agent, which notice shall set forth the reasons
requiring connection to the public sewer, whereupon such connection
to the public sewer shall be completed by such owner or occupant within
90 days after the date of any such notice.
(3) If, upon the occurrence of the earlier of the foregoing events, connection
of such improvements to a public sewer main is not yet possible because
a permit cannot be obtained due to the continuing unavailability of
sewer treatment capacity to the Town of Lansing, the improvements
connected to such private sewage disposal system shall be thereafter
connected to a public sewer main no later than 90 days after the owner
or occupant of such improvements is advised in writing by the Town
of Lansing that a permit for connection to a public sewer is available.
E. Connection of such improvements to a public sewer shall be completed
in accordance with all other applicable provisions of this chapter,
any rules promulgated hereunder, and in accord with the requirements
of all other applicable governmental regulations, requirements and
restrictions then governing, including, without limitation, all approval
and permit requirements of the Town of Lansing.
Notwithstanding the foregoing provisions of this chapter, and
subject to the provisions hereinafter set forth, the connection of
improvements to any business, commercial, or industrial user shall
be allowed whenever such property is located within a sewer district
or extension, unless connection of such improvements to such public
sewer is not possible because a permit cannot be obtained due to the
unavailability of sewer treatment capacity to the Town of Lansing.
In such case, a private sewage disposal system shall be allowed only
upon the following terms and conditions:
A. Any and all governmental approvals and permits required for the installation
of such private sewage disposal system, including, but not limited
to, the approval of the Tompkins County Health Department, shall have
been obtained.
B. The parcel upon which such private sewage disposal system is to be
installed shall meet the minimum lot size requirements under applicable
zoning laws or ordinances, or, if it does not meet such minimum lot
size requirements:
(1) Such lot shall have been approved by the Town Planning Board for a private sewage disposal system as a subdivided lot and as part of an approved subdivision plat pursuant to Chapter
235, Subdivision of Land, of the Code of the Town of Lansing (and subject to all conditions attached to such Planning Board approval) and such subdivision plat is a sealed final plat; or
(2) Such land was approved for such use by the Planning Board or the Town Board pursuant to a completed site plan review, an issued special use permit, or an approved planned development area, each and all as defined in Chapter
270, Zoning, of the Code of the Town of Lansing, as now exists or as hereafter amended or re-codified.
(3) The owner of such lot shall have received a duly issued variance
from the Town of Lansing Zoning Board of Appeals approving such lot
for a private sewage disposal system notwithstanding its deficient
lot size.
C. The owner of such improvements shall file with the Town of Lansing
a copy of the private sewage disposal system permit issued for such
improvements by the Tompkins County Health Department.
D. Connection of improvements.
(1) The improvements connected to such private sewage disposal system
shall be connected to any available public sewer main upon the earlier
of the following events to occur:
(a)
Such connection is required by the Tompkins County Health Department
or other public body or agency having proper jurisdiction.
(b)
Such private sewage disposal system is not functioning satisfactorily
or requires substantial maintenance, repair, upgrades, alterations,
or additions.
(c)
The expiration of one year from the date the permit is issued
for such private sewage disposal system by the Tompkins County Health
Department.
(2) Upon the occurrence of any of the foregoing events, a written notice
shall be served upon the owner or occupant of any such improvements
by the Tompkins County Health Department or the Town of Lansing, or
its duly authorized agent, which notice shall set forth the reasons
requiring connection to the public sewer, whereupon such connection
to the public sewer shall be completed by such owner or occupant within
90 days after the date of any such notice.
(3) If upon the occurrence of the earlier of the foregoing events, connection
of such improvements to a public sewer is not yet possible because
a permit cannot be obtained due to the continuing unavailability of
sewer treatment capacity to the Town of Lansing, the improvements
connected to such private sewage disposal system shall be thereafter
connected to a public sewer main no later than 90 days after the owner
or occupant of such improvements is advised, in writing, by the Town
of Lansing that a permit for connection to a public sewer main is
available.
E. Connection of such improvements to a public sewer shall be completed
in accordance with all other applicable provisions of this chapter,
any rules promulgated hereunder, and in accord with the requirements
of all other applicable governmental regulations, requirements and
restrictions then governing, including, without limitation, all approval
and permit requirements of the Town of Lansing.
F. In addition to the foregoing, and concurrently with the installation
of a private sewage disposal system as herein authorized, the person
responsible therefor shall also install any and all laterals, sewer
lines, control manholes or other manholes, and/or any other facilities
or equipment which may be required now or in the future for properly
transporting sewage from the building(s) and improvements on the property
to the public sewer. Such laterals, lines, manholes and/or any other
facilities or equipment shall be installed in such fashion as to be
temporarily unusable and shall remain unused until such time as connection
to the public sewer required hereunder and a permit is so issued.
Such laterals, lines, manholes and/or any other facilities or equipment
shall be installed as to meet the then applicable permit requirements,
as well as the requirements of any rules promulgated hereunder, and
the requirements of any other applicable laws, ordinances, rules,
regulations or governing provisions of any authority having jurisdiction
(such as the NYSDEC or USEPA), and such installation shall be completed
in accordance with any and all of the terms and provisions of this
chapter. The future connection, when allowed, may, per any then applicable
permit requirements, mandate that the owner or applicant make such
improvements as are then so required before any effluent or other
substances are discharged into the public sewer. Any and all required
inspections by any and all governing authorities shall be made prior
to, during, and following completion of the installation of such laterals,
lines, manholes, and/or any other facilities or equipment, and again
at such time as any effluent or other substance is to be discharged
into the public sewer or any permit for use of the Town sewer system
is issued.
G. Under no circumstances shall installation of a private sewage disposal
system be commenced as authorized and provided hereunder until such
time as any and all required permits have been obtained for installation
of the laterals, lines, manholes and/or any other facilities or equipment
which may be required in the future for properly transporting sewage
from the building(s) and improvements on the property to the public
sewer.
H. No person shall discharge or cause to be discharged or allow to run,
leak, or escape into any private sewage disposal system any materials,
substances, or wastes which may not otherwise be discharged into the
Town sewer system under this chapter and/or any other applicable laws,
ordinances, rules, regulations or governing provisions of any authority
having jurisdiction.
Permit expiration. Notwithstanding any term or provision of
this chapter to the contrary, the following terms and provisions of
this section shall apply to and govern the issuance and use of all
sewer permits issued by the Town of Lansing, including, but not limited
to, all sewer permits issued prior to the date of enactment of these
provisions.
A. In the case of any sewer permit issued by the Town of Lansing for
the connection of a single- or two-family residence to the Town sewer
system, the person to whom such permit has been issued, or such person's
designee, is thereby required to connect such improvements to the
Town of Lansing sewer system within one year following the date of
such sewer permit. In the event that such connection has not been
completed within one year following the date of such permit, then
such permit and any and all rights and authority granted therein,
upon the date one year from the date of such permit, shall automatically
expire, terminate and thereupon become null and void.
B. In the case of any sewer permit issued by the Town of Lansing for
the connection of any structure other than a single- or two-family
residence to the Town sewer system, the person to whom such permit
has been issued, or such person's designee, is hereby required
to connect such improvements to the Town of Lansing sewer system within
18 months following the date of such sewer permit. In the event that
such connection has not been completed within 18 months following
the date of such permit, then such permit and any and all rights and
authority granted therein, upon the date 18 months from the date of
such permit, shall automatically expire, terminate and thereupon become
null and void.
C. In the event that a sewer permit issued by the Town of Lansing is automatically terminated due to the permit holder's failure to complete connection to the Town of Lansing sewer system within the required period set forth in either Subsection
A or
B above, any subsequent discharge of sewage, industrial waste or other waste from the property that is the subject of such sewer permit, directly or indirectly into the Town of Lansing Public sewer system or into any private sewer, shall constitute a violation of this chapter.
D. As used in this section, connection to the Town of Lansing sewer
system constitutes completion of a sewer pipe through a wall of a
foundation that has been completed in accordance with a building permit
validly issued by the Town, which sewer pipe is physically connected
to the Town sewer system.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. All provisions of New York State law generally applicable to misdemeanors
shall apply to any criminal proceeding brought under this chapter,
and any misdemeanor shall be deemed an unclassified misdemeanor. For
purposes of this chapter the Town's justice court is hereby vested
and imbued with jurisdiction to issue administrative and other warrants
in compliance with the New York Criminal Procedure Law and administrative
codes of the State of New York, as well as to hear and adjudicate
allegations relating to the criminal or civil violation of this chapter
and thereafter, if appropriate, impose any fine, penalty, or sanction.
B. First violation. Any person or entity that violates any of the provisions
of this chapter shall be guilty of a violation and subject to a criminal
fine of not more than $1,000, or subject to a civil penalty of not
more than $2,500 to be recovered by the Town in a civil action.
C. Second violation. Any violation that is found to have occurred within
two years of any prior civil or criminal determination of any other
violation of this chapter shall be deemed a second violation. Any
person or entity that commits any second violation shall be:
(1) Guilty
of an unclassified misdemeanor and subject to a fine not less than
$1,000 nor more than $2,500 and a period of incarceration not to exceed
120 days;
(2) Subject
to a civil penalty of not less than $2,500 nor more than $5,000 to
be recovered by the Town in a civil action.
D. Any unpaid fine or penalty shall become part of the Town charges
and shall be collected as a charge in accordance with the New York
State Town Law and Real Property Tax Law, as applicable.
E. In addition to any other remedy, a violation of, or noncompliance
with, this chapter may result in the termination, modification, or
revocation of any permits or approvals as issued.
F. The application or pursuit of any civil or criminal fine, sanction,
or penalty shall not preclude the pursuit of any other lawful remedy
by the Town, including, but not limited to, the right to seek equitable
relief.
(1) Whenever
the Town shall believe from evidence satisfactory to it that there
is a violation of this chapter, the Town may bring an action to enjoin
and restrain the continuation of such violation and in any such action:
(a) Preliminary relief may be granted under Article 63 of the Civil Practice
Law and Rules; and
(b) The Town shall not be required to post any bond or undertaking; and
(c) The Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In
such action, the court may also award any damages or other relief
requested, including declaring the rights and interests of any parties
and imposing any civil penalties. The remedies provided by this chapter
shall not be in lieu of, and shall be in addition to, any other right
or remedy available to the Town, whether sounding in enforcement or
otherwise.
G. Compliance order. The Code Enforcement Officer is also authorized
to order, in writing, the remedying of any condition or activity found
to be in violation of this chapter and its rules, and such order shall
be referred to as a compliance order.
(1) Such
compliance order shall:
(b) Be dated and signed by the Code Enforcement Officer;
(c) Specify the condition or activity that violates this chapter or the
rules;
(d) Specify the provision or provisions so violated;
(e) Specify the period of time which the Code Enforcement Officer deems
to be reasonably necessary for achieving compliance;
(f) Direct that compliance be achieved within the specified period of
time; and
(g) State that an action or proceeding to compel compliance may be instituted
if compliance is not achieved within the specified period of time,
or that a civil penalty may be so imposed.
(2) The
Code Enforcement Officer shall cause the compliance order, or a copy
thereof, to be served on the owner of the affected property, the permittee,
any tenant or user of affected property (if known), and any other
responsible person, personally or by registered mail. The Code Enforcement
Officer shall be permitted, but not required, to cause the compliance
order, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or
their agents, or any other person taking part or assisting in work
being performed at the affected property personally or by registered
mail. Any failure to serve any interested person shall not affect
the efficacy of the compliance order.
H. In connection with any violation or compliance orders concerning
industrial waste discharges that fail or consistently fail to meet
and achieve county, state, or federal pollution standards, the Town
shall issue a report concerning such noncompliance or violation to
appropriate county, state and federal agencies. The Code Enforcement
Officer shall assist appropriate county, state and federal agencies,
as necessary, in their review of, or action upon, any such reports,
and any fine or penalty levied against the Town or any of its wastewater,
sewer, or like districts, shall be the responsibility of the person
or entity violating such standards or the requirements of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The term "shall" is mandatory, and the term "may" is permissive.
Any word that is gender-referenced shall be construed to include all
genders and the neuter. Words shall have the meanings ascribed to
them whenever the meaning or context thereof so admits or requires.
Defined words and phrases that are not capitalized shall be presumed
to be capitalized and deemed defined words and phrases, unless the
context thereof admits or requires otherwise.
The Town of Lansing, and its officers and agents, shall not
be liable or responsible for any injuries to persons or damages to
property due to the Town's actions, or failures to act, under
or pursuant to this chapter or the rules, unless it is proven to a
reasonable degree of certainty that such injury or damage was solely
caused by a willful or intentional act of the Town or its officers
and agents. This provision shall be construed and applied to the maximum
extent permitted by law, and does not create any theory or claim of
liability where none exists at law or in equity.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any application, permit, review, or other fees referenced in
this chapter may be determined, amended, and periodically updated
by the Town Board by resolution. In addition, fee schedules may be
developed and approved by resolution to reimburse the Town for the
reasonable and anticipated costs incurred in any review, including
for public hearings, publication, mailings, title reviews, inspections,
dedications, SEQRA reviews, stormwater reviews, legal and engineering
(and other professional) consulting, and other incurred expenses of
the Town. All such fees and fee schedules shall be reasonable and
properly chargeable to the applicant or other person required to pay
the same, and all such fees and fee schedules shall be periodically
reviewed by the Town Board to ensure reasonableness and legality.