[Amended 6-26-2019 by L.L. No. 5-2019]
A.
Whenever the Building Inspector or designee has reasonable grounds
to believe that work on any site is proceeding without a valid stormwater
permit or the site is otherwise in violation of the provisions of
any applicable law, code, ordinance or regulation or is not in conformity
with any of the provisions of the application, plans or specifications
on the basis of which a permit was issued or is being continued in
an unsafe and dangerous manner, the Building Inspector or designee
shall notify either the owner of the property or the owner's agent
or the operator performing work to immediately suspend all work. Such
notice shall be in writing and shall be known as a "stop-work order."
In such instance, any and all persons shall immediately suspend all
related activities until the stop-work order has been duly rescinded.
B.
Such stop-work order shall be in writing on a form prescribed by
the Building Inspector or designee and shall state the reason for
the stop-work order, together with the date of issuance. The stop-work
order shall bear the signature of the Building Inspector or his/her
authorized representative and shall be prominently posted at the work
site. The posting of a stop-work order on the job site shall be deemed
sufficient notice to suspend all work.
[Amended 6-26-2019 by L.L. No. 5-2019]
A.
Commencement of proceedings. Whenever the Building Inspector or his/her
authorized representative has inspected any site and has determined
that said site is in violation of any provision of this chapter, the
Building Inspector or his/her duly authorized representative shall
commence proceedings to cause the correction of the violation.
B.
Notice to correct a violation. Absent an emergency, as set forth
in this section, whenever the Building Inspector or his/her authorized
representative determines that a site is in violation of any provision
of this chapter, he/she shall give notice by regular mail of such
violation or alleged violation to the person or persons responsible
for such violation or upon the owner, occupant, agent or operator,
as the case may require. Such notice shall be in writing and shall
specify the alleged violation and shall provide a reasonable time
of not less than 10 calendar days for compliance. Such notice may
contain an outline or mention of the remedial action that will be
taken to effect compliance in the event the owner or operator does
not comply with said notice within the time period specified therein.
The Building Inspector or his/her authorized representative may extend
the compliance time specified in any notice issued under the provisions
of this chapter where there is evidence of intent to comply within
the period specified, provided that reasonable conditions exist which
prevent immediate compliance.
C.
Emergency action. Whenever the Building Inspector or his/her authorized
representative has determined that a condition exists which poses
an immediate threat to health, safety, or the environment, he/she
may, without prior notice, issue a notice citing the violation and
ordering that such action be taken as is necessary to remove or abate
the hazard or danger. Such notice may include an order to stop work,
stabilize the site or take other appropriate emergency measures. Notwithstanding
any other provision of this chapter, such an order shall be effective
immediately upon personal service to the person or persons responsible
for such violation or upon the owner, occupant, agent or operator,
as the case may require and/or posting of the site and shall be complied
with immediately or as otherwise provided. The Building Inspector
or his/her authorized representative may extend the compliance time
specified in any order issued under the provisions of this chapter
where there is evidence of intent to comply within the period specified,
provided that reasonable conditions exist which prevent immediate
compliance. Whenever the Building Inspector or his/her authorized
representative determines that the condition which poses an immediate
threat to health, safety, or the environment has not been corrected
in the time specified by the order issued, he/she may take such direct
action as is necessary, including demolition or whatever other action
may be required to remove or abate the hazard or danger. Expenses
incurred in the execution of such orders shall be recovered as provided
herein.
[Amended 6-26-2019 by L.L. No. 5-2019]
A.
Whenever a notice or notices referred to in the above subsection
of this chapter has been or have been served by regular mail and personal
service upon the person or persons responsible for such violation
or upon the owner, occupant, agent or operator, as the case may require,
or posting of premises where violations are deemed to exist, and such
owner or owners shall neglect or fail to comply with the requirements
of such notice or notices within the time provided therein, the Building
Inspector or his/her authorized representative may authorize the work
to be done and pay the cost thereof out of general Town funds.
B.
The Town shall be reimbursed for the cost of the work performed or
services rendered by direction of the Building Inspector or his/her
authorized representative, as hereinabove provided, by assessment
and levy upon the lots or parcels of land wherein such work was performed
or such services rendered, and 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.
[Amended 6-26-2019 by L.L. No. 5-2019]
The Building Inspector or his/her authorized representative
shall have the authority, pursuant to the New York State Criminal
Procedure Law, to issue an appearance ticket subscribed by him/her,
directing a designated person to appear in a designated local criminal
court at a designated future time in connection with the alleged commission
of a designated violation of this chapter or any order made thereunder.
[Amended 9-27-2023 by L.L. No. 9-2023]
Failure to comply with any provision or requirement of this
chapter, inclusive of any statement, plan, application, approval,
permit or certification provided pursuant to the provisions of this
chapter, shall constitute a violation, and, upon conviction thereof,
shall be subject to a fine as follows. Each week's continued violation
shall constitute a separate additional violation.
A.
For a
first violation, a fine up to a maximum amount of $350.
B.
For a
second violation, where both violations were committed within a period
of five years, a fine of not less than $350 nor more than $700.
C.
For a
third violation or greater, all of which were committed within a period
of five years, a fine of not less than $700 nor more than $1,000.
