Town of Milo, NY
Yates County
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Table of Contents
Table of Contents
A. 
General. The Code Enforcement Officer is hereby authorized and directed to administer and enforce the provisions of this chapter that is assigned to such officer by the KWIC Policy and Procedures Manual.
B. 
Powers and duties. The Code Enforcement Officer shall have the powers and duties assigned to him or her to administer and enforce the provisions of this chapter as prescribed in the Code of the Town and the KWIC Policies and Procedures Manual.
C. 
Approved agencies.
(1) 
The Code Enforcement Officer shall have the authority to accept reports of application reviews, tests or inspections conducted by approved agencies that document compliance with this chapter and any other applicable law. Such reports shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Enforcement Officer is authorized to engage such expert opinion as deemed necessary to document compliance with this chapter or any other applicable law.
(2) 
Report of findings. Upon completion of the inspection, the approved agency shall document all procedures and furnish the Code Enforcement Officer with a report of findings.
D. 
Technical assistance. To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of an OWTS or OWTS subject to inspection, the Code Enforcement Officer is authorized to require the owner or agent to provide, without charge to the Town, a technical opinion and report. The opinion and report shall be prepared by a registered design professional, qualified laboratory or other approved agency that shall analyze the design, operation or use of an OWTS and appurtenances situated thereon, and to recommend necessary changes. The Code Enforcement Officer is authorized to require design submittals to be prepared by, and bear the signature and stamp of a registered design professional.
E. 
Identification. The Code Enforcement Officer shall carry proper identification when inspecting OWTS in the performance of his or her duties as prescribed by this chapter.
F. 
Right of entry. Whenever it is necessary to make an inspection to enforce the provisions of this chapter, or whenever the Code Enforcement Officer has reasonable cause to believe that there exists an OWTS that has conditions or violations of this chapter or any other applicable law which make such system unsafe, dangerous or hazardous, such officer shall have the authority to enter the lot of record at all reasonable times to inspect or to perform the duties imposed upon such officer by this chapter. If such lot of record is occupied, the Code Enforcement Officer shall present credentials to the occupant and request permission to inspect the OWTS. If such lot is unoccupied, the Code Enforcement Officer shall first make a reasonable effort to locate the owner or other person having charge or control of the lot of record and request entry. If entry is not granted, the Code Enforcement Officer has recourse to every remedy provided by law to secure entry.
G. 
Records. The Code Enforcement Officer shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, complaints received, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.
A. 
The Watershed Manager is hereby authorized and directed to administer and enforce the provisions of this chapter that is assigned to such manager by the KWIC Policy and Procedures Manual.
B. 
Powers and duties. The Watershed Manager shall have the powers and duties assigned to him or her to administer and enforce the provisions of this chapter as prescribed in the KWIC Policies and Procedures Manual.
C. 
Approved agencies.
(1) 
The Watershed Manager shall have the authority to accept reports of application reviews, tests or inspections conducted by approved agencies that document compliance with this chapter and any other applicable law. Such reports shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Watershed Manager is authorized to engage such expert opinion as deemed necessary to document compliance with this chapter or any other applicable law.
(2) 
Report of findings. Upon completion of the inspection, the approved agency shall document all procedures and furnish the Watershed Manager with a report of findings.
D. 
Technical assistance. To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of an OWTS or OWTS subject to inspection, the Watershed Manager is authorized to require the owner or agent to provide, without charge to the Town, a technical opinion and report. The opinion and report shall be prepared by a registered design professional, qualified laboratory or other approved agency that shall analyze the design, operation or use of an OWTS and appurtenances situated thereon, and to recommend necessary changes. The Watershed Manager is authorized to require design submittals to be prepared by, and bear the signature and stamp of a registered design professional.
E. 
Identification. The Watershed Manager shall carry proper identification when inspecting OWTS in the performance of his or her duties as prescribed by this chapter.
F. 
Right of entry. Whenever it is necessary to make an inspection to enforce the provisions of this chapter, or whenever the Watershed Manager has reasonable cause to believe that there exists an OWTS that has conditions or violations of this chapter or any other applicable law which make such system unsafe, dangerous or hazardous, such manager shall have the authority to enter the lot of record at all reasonable times to inspect or to perform the duties imposed upon such manager by this chapter. If such lot of record is occupied, the Watershed Manager shall present credentials to the occupant and request permission to inspect the OWTS. If such lot is unoccupied, the Watershed Manager shall first make a reasonable effort to locate the owner or other person having charge or control of the lot of record and request entry. If entry is not granted, the Watershed Manager has recourse to every remedy provided by law to secure entry.
G. 
Records. The Watershed Manager shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, complaints received, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.
A. 
The Watershed Inspector is hereby authorized and directed to administer and enforce the provisions of this chapter that is assigned to such inspector by the KWIC Policy and Procedures Manual.
B. 
Powers and duties. The Watershed Inspector shall have the powers and duties assigned to him or her to administer and enforce the provisions of this chapter as prescribed in the KWIC Policies and Procedures Manual.
C. 
Approved agencies.
(1) 
The Watershed Inspector shall have the authority to accept reports of application reviews, tests or inspections conducted by approved agencies that document compliance with this chapter and any other applicable law. Such reports shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Watershed Inspector is authorized to engage such expert opinion as deemed necessary to document compliance with this chapter or any other applicable law.
(2) 
Report of findings. Upon completion of the inspection, the approved agency shall document all procedures and furnish the Watershed Inspector with a report of findings.
D. 
Technical assistance. To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of an OWTS or OWTS subject to inspection, the Watershed Inspector is authorized to require the owner or agent to provide, without charge to the Town, a technical opinion and report. The opinion and report shall be prepared by a registered design professional, qualified laboratory or other approved agency that shall analyze the design, operation or use of an OWTS and appurtenances situated thereon, and to recommend necessary changes. The Watershed Inspector is authorized to require design submittals to be prepared by, and bear the signature and stamp of a registered design professional.
E. 
Identification. The Watershed Inspector shall carry proper identification when inspecting OWTS in the performance of his or her duties as prescribed by this chapter.
F. 
Right of entry. Whenever it is necessary to make an inspection to enforce the provisions of this chapter, or whenever the Watershed Inspector has reasonable cause to believe that there exists an OWTS that has conditions or violations of this chapter or any other applicable law which make such system unsafe, dangerous or hazardous, such inspector shall have the authority to enter the lot of record at all reasonable times to inspect or to perform the duties imposed upon such inspector by this chapter. If such lot of record is occupied, the Watershed Inspector shall present credentials to the occupant and request permission to inspect the OWTS. If such lot is unoccupied, the Watershed Inspector shall first make a reasonable effort to locate the owner or other person having charge or control of the lot of record and request entry. If entry is not granted, the Watershed Inspector has recourse to every remedy provided by law to secure entry.
G. 
Records. The Watershed Inspector shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, complaints received, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.
The Watershed Manager shall submit to the Town Board a written annual report and summary of all business conducted, including a report and summary of all transactions and activities described in this chapter.
Whenever the Watershed Manager or Watershed Inspector finds any work is being performed in a manner either contrary to the provisions of this chapter or any other applicable law, or is dangerous or unsafe, such manager or inspector is authorized to issue a stop work order.
The stop work order shall be in writing and shall be given to the owner involved, or to the agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
The Watershed Manager or Watershed Inspector shall cause the stop work order, or a copy thereof, to be served on the owner of the affected OWTS personally or by certified mail. Such manager or inspector shall be permitted, but not required, to cause the stop work order, or a copy thereof, to be served on any builder, tenant, contractor, subcontractor, construction superintendent, registered design professional or their agents, or any other person taking part or assisting in work affected by the stop work order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop work order.
Where an imminent danger exists, the Watershed Manager or Watershed Inspector shall not be required to give a written notice prior to stopping the work.
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be culpable of a violation of this chapter.
It shall be unlawful for any owner to abandon, alter, install, relocate, replace or use an OWTS or portion thereof in violation of any applicable provision of this chapter or other law, or fail in any manner to comply with any notice, directive or order of the Code Enforcement Officer, Watershed Manager or Watershed Inspector.
Any condition caused or permitted to exist in violation of any applicable provision of this chapter or other law shall be deemed a public nuisance and shall be abated as such by the owner in accordance with any applicable provision of this chapter or any other law.
A. 
The Code Enforcement Officer shall issue a notice of violation upon receipt of a written request by the Watershed Manager to issue a notice of violation against an owner for failing to comply with any applicable provision of this chapter or other law. Such request shall include a supporting deposition if the Code Enforcement Officer did not observe the violation(s), photographs and documentary evidence, and a statement identifying the section(s) of law determined to be violated by such owner. The Code Enforcement Officer has the right to have the Town Attorney review such request and documents prior to issuing a notice of violation to ensure compliance with any applicable law. A notice of violation shall be prepared in accordance with all of the following:
B. 
Be in writing.
C. 
Include a description of the real property sufficient for identification.
D. 
Include a statement of the violation(s) and why the notice is being issued.
E. 
Include an order to remedy allowing a reasonable time for the owner to take the necessary actions required to bring any OWTS into compliance with any applicable provision of this chapter or other law.
F. 
Inform the owner of the right to appeal.
G. 
Include a statement of any applicable penalties and the right to file a lien in accordance with this chapter.
A notice of violation shall be deemed to be properly served if a copy thereof is:
A. 
Delivered to the owner personally;
B. 
Sent by certified mail addressed to the owner at the address prescribed in the records of the Town Assessor with the return receipt requested; or
C. 
If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the real property affected by such notice.
A notice of violation issued or served as provided by this article shall be complied with by the owner, operator, occupant and other person responsible for the condition or violation to which the notice of violation pertains.
The Code Enforcement Officer, Watershed Manager and/or Watershed Inspector has the authority to enter into a written voluntary compliance agreement with the owner in order to gain voluntary compliance in correcting a confirmed violation. The agreement shall include time limits for compliance and shall be binding on the owner. Such officer, manager and/or inspector shall abate further processing of the alleged violation during the time allowed in the voluntary compliance agreement for the completion of the necessary corrective action. The Code Enforcement Officer, Watershed Manager and/or Watershed Inspector shall take no further action concerning the alleged violation if all terms of the voluntary compliance agreement are satisfied, other than steps necessary to terminate the waiver. The failure to comply with any term of the voluntary compliance agreement constitutes a separate violation and shall be handled in accordance with the procedures established by this chapter, except no further notice after the voluntary compliance agreement has been signed need be given before the such officer, manager and/or inspector may also proceed on the alleged violation that gave rise to the voluntary compliance agreement.
An action or proceeding may be instituted in the name of this Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any applicable provision of this chapter or other law, or a notice or order issued by the Code Enforcement Officer, Watershed Manager or Watershed Inspector pursuant to the applicable provision of this chapter. In particular, but not by way of limitation, where the violation of any applicable provision of this chapter or other law, or a notice or order issued by such officer, manager and/or inspector pursuant to the applicable provision of this chapter, an action or proceeding may be commenced in the name of this Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the abandonment or termination of use of an OWTS or an abatement of the condition in violation of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Town Board.
If the notice of violation is not complied within the period of time prescribed within such notice, the Code Enforcement Officer is authorized to request the Town Board to authorize the Town Attorney to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the abandonment or termination of use of an OWTS in violation of the provisions of this chapter or of the notice or order made pursuant thereto.
A. 
Civil penalty. Any person who undertakes any action regulated by this chapter, or who violates, disobeys or disregards any provision of this chapter, shall be liable to the Town for civil penalty not to exceed $300 per day for every such violation. 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. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of this Town.
B. 
Criminal penalty. Any violation of any part of this chapter shall constitute a "violation" as defined in the Penal Law of NYS, and shall be punishable by a fine not to exceed $250, or 15 days' imprisonment, or both such fine and/or imprisonment. 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. The criminal penalties provided by this subsection shall be recoverable in an action instituted in the name of this Town.
C. 
Restoration. A court of competent jurisdiction may order or direct a violator to restore the affected land to its condition prior to the offense, insofar as that is possible. The court shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the AHJ, Code Enforcement Officer or his/her designate.
No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this article, and each remedy or penalty specified in this article shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this article, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this article may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this article, in any other section of this chapter, or in any other applicable law.
No inspection shall be conducted or permit issued pursuant to this chapter until all applicable fees and incurred costs have been paid.
Fees in the amounts set forth in a fee schedule established from time to time by resolution of the Town Board shall be submitted with the application.
A. 
In addition to the fees required in this section, the owner shall reimburse the Town for the cost of professional consultation fees and other expenditures attributable to any application or inspection. The Town may also require the owner to deposit a lump sum in order to retain such consultants. In the event that such sum is insufficient to fund the necessary consulting services, the Town may require additional deposits. Such payment(s) shall:
(1) 
Be deposited with the Town Clerk who shall establish a line item for this purpose. Expenditures from this line item may be made at the direction of the Town Clerk without further appropriation.
(2) 
Pay only for the expenditures rendered in connection with the work for which an application has been submitted or inspection requested by the owner.
(3) 
At the completion of the proposed action, any excess amount in the line item attributable to an application or inspection shall be repaid to the owner. A final report of said line item shall be made available to the owner by the Town Clerk if requested.
(4) 
The Town reserves the right to refuse the issuance of any certificate and/or permit until payment has been received by the Town Clerk for all expenditures in connection with the work for which an application has been submitted or inspection requested by the owner.
Any payment of a fee or incurred cost to this Town is not refundable regardless of whether or not an inspection has been conducted or a permit has been issued pursuant to this chapter.
The failure of the owner to pay any fee, penalty or expense incurred by the Town in connection with the enforcement and administration of this chapter shall be assessed against the land subject to any action prescribed within this chapter and shall be levied and collected in the same manner as provided in the Town Law of NYS for the levy and collection of Town taxes or special ad valorem levies.
A. 
Any person directly affected by an order, requirement, decision, interpretation, or determination of the Milo Code Enforcement Officer, Watershed Manager, or Watershed Inspector, or a notice of such requirement, decision, interpretation, or determination issued by such officer, except those that pose an imminent risk to public health or safety, shall have the right to Appeal to the Town of Milo Zoning Board of Appeals, pursuant to "Zoning Law of the Town of Milo" (Ch. 350, Art. XV "Appeal" of the Code of the Town of Milo), or its successor legislation. An appeal may be made by any aggrieved person and must be filed within 60 days of the order, requirement, decision, interpretation, or determination referred to above.
B. 
Limitations on authority. An application for an appeal shall be based on a claim that the intent of this chapter or the rules legally adopted herein has been incorrectly interpreted, the provisions of this chapter do not fully apply, or an equivalent method of construction, which such method shall be prepared by, and bear the signature and seal of a registered design professional, is proposed. The Zoning Board of Appeals of the Town shall have no authority to waive any standard prescribed by law (e.g., Appendix 75-A of Title 10 Part 75 of NYCRR).
Appeals of a determination, notice and/or order by the Code Enforcement Officer, Watershed Manager or Watershed Inspector shall stay the enforcement of the determination, notice and/or order until the appeal is heard and a final determination made by the Zoning Board of Appeals of the Town.
The Zoning Board of Appeals of the Town has the right to have an application for an appeal reviewed by the Town Engineer and request such engineer to provide a written recommendation(s) prior to making any determination on such application.
A request for a variance from any provision of a NYS or federal law shall be processed pursuant to such law.
The owner shall have the right to apply for a variance from a provision of this chapter, which is not prescribed in any other law, to the Zoning Board of Appeals of the Town pursuant to Zoning Law.[1]
[1]
Editor's Note: See Ch. 350, Zoning.
The Zoning Board of Appeals of the Town has the right to have an application for a variance reviewed by the Town Engineer and request such engineer to provide a written recommendation(s) prior to making any determination on such application.
A. 
The Zoning Board of Appeals of the Town shall consider the following criteria in lieu of the criteria prescribed in the Zoning Law and make applicable findings regarding:
(1) 
Whether the variance being requested by the owner is in harmony with the purpose and intent of this chapter; and
(2) 
Whether a substantial change will be produced in the general condition of the water quality or a substantial risk to groundwater quality or quantity will be created by the granting of the variance; and
(3) 
Whether the hardship or difficulty can be alleviated by some other method that is feasible for the owner to pursue; and
(4) 
Whether the variance requested is the minimum variance necessary to afford relief; and
(5) 
Whether the hardship or difficulty has been created by the owner.
B. 
A negative finding(s) in any one of the criterion prescribed herein does not necessarily mandate denial of an application for a variance by the Zoning Board of Appeals of the Town.