[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates any of the provisions of, or who fails to perform any duty imposed by, these rules and regulations or any other order or determination of the Board or the terms of any permit issued thereunder shall be liable to the owners for a civil penalty of not less than $1,000, to be assessed after a hearing before the Board. Each violation shall be a separate and distinct violation, and, in the case of a continuing violation, each day's continuance thereof shall be deemed a separate and distinct violation. Such penalty may be recovered in an action brought by the Board's Attorney in the name of the owners in any court of competent jurisdiction. Such civil penalty may be released or compromised by the Board before the matter has been referred to the Board's Attorney, and, where such matter has been referred to the Board's Attorney, any such penalty may be released or compromised, and any action commenced to recover the same may be settled and discontinued by the Board's Attorney only with the consent of the owners.
In addition to the power to assess penalties as set forth in § 192-79, Civil penalties, the Board shall have the power, following a hearing held by the Board, to issue an order suspending, revoking or modifying the violator's permit and enjoining the violator from continuing the violation. Any such order of the Board shall be enforceable in an action brought by the Board's Attorney at the request of the Board in the name of the owners in any court of competent jurisdiction.
Any civil penalty or final order issued by the Village Board pursuant to this article shall be reviewable in a proceeding pursuant to Article 78 of the CPLR. Application for such review must be made within 30 days after service, in person or by mail, of a copy of the determination or order upon the attorney of record for the applicant and of each person who has filed a notice of appearance, or the applicant in person, if not directly represented by an attorney.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who willfully violates any provision of these rules and regulations or any final determination or order of the Board shall, in addition, be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment of not more than one year or by a fine of not more than $1,000. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.
Any person violating any of the provisions of these rules and regulations shall, in addition, be liable to the owners for any expense, loss or damage occasioned the owners by reason of such violation and any expense incurred in correcting the violation, including but not limited to any fines, violations or penalties imposed on the Board by any other regulatory or governmental agency.
The Board's Attorney shall have the right to seek equitable relief in the name of the owners to restrain the violation of, or to compel compliance with, these rules and regulations or any order or determination issued thereunder by the Board.
Notwithstanding any inconsistent provisions of law, whenever the Board finds, after investigation, that any user is causing, engaging in or maintaining a condition or activity which, in his/her judgment, presents an imminent danger to the public health, safety or welfare or to the environment or is likely to result in irreversible or irreparable damage to the public sewer system, and it therefore appears to be prejudicial to the public interest to delay action until notice and an opportunity for a hearing can be provided, the Board may, without prior hearing, order such user by notice, in writing wherever practicable or in such other form as in the Board's judgment will reasonably notify such person whose practices are intended to be proscribed, to discontinue, abate or alleviate such condition or activity, and thereupon such person shall immediately discontinue, abate or alleviate such condition or activity. In the event of a user's failure to comply voluntarily with such emergency order, or where the giving of notice is impracticable, the Board may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed 15 days, the Board shall provide the user an opportunity to be heard.