The purpose and intent of this article is to ensure the health,
safety and general welfare of citizens and protect and enhance the
water quality of watercourses and water bodies in a manner pursuant
to and consistent with the Federal Clean Water Act (33 U.S.C. § 1251
et seq.) by:
For the purpose of this article, the following shall mean:
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat and industrial
use) are impaired by pollutants, prepared periodically by the Department
of Environmental Conservation as required by Section 303(d) of the
Clean Water Act.[1] Section 303(d) listed waters are estuaries, lakes and
streams that fall short of state surface water quality standards and
are not expected to improve within the next two years.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures and practices
to control site runoff, spillage or leaks, sludge or water disposal
or drainage from raw materials storage.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
Activities subject to SPDES construction permits. Currently
these include construction projects resulting in land disturbance
of one acre or more. Such activities include, but are not limited
to, clearing and grubbing, grading, excavating and demolition.
Any individual, association, organization, partnership, firm,
corporation or other entity discharging stormwater to the municipal
storm sewer.
Any material, including any substance, waste or combination
thereof, which because of its quantity, concentration or physical,
chemical or infectious characteristics may cause or significantly
contribute to a substantial present or potential hazard to human health,
safety, property or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
Any direct or indirect nonstormwater discharge to the storm drainage system, except as exempted in § 276-37 of this article, and any stormwater discharges to the sanitary sewer except as permitted by the Village of Spencerport.
Either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drainage system,
including, but not limited to, any conveyances which allow any nonstormwater
discharge, including sewage, process wastewater and wash water, to
enter the storm drainage system and any connection to the storm drainage
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted or approved by
a government agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the storm drainage system which has not been documented
in plans, maps or equivalent records and approved by the Village of
Spencerport.
Any stormwater discharge to a sanitary sewer unless approved
by the Village of Spencerport.
Activities subject to SPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
Any liquid, gaseous or solid substance or a combination thereof
which is an undesired by-product waste resulting from any process
of industry, manufacturing, trade or business or from the development
or recovery of any natural resources, except garbage.
Any discharge to the storm drainage system that is not composed
entirely of stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to, paints, varnishes and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter or other discarded
or abandoned objects, ordinances and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility, that
treats sewage or other liquid wastes for discharge into the groundwater
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
A sewer which transports sewage and to which stormwaters,
surface waters and groundwaters are not intentionally admitted.
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 with industrial wastes, as defined
above, or other wastes also shall be considered "sewage" within the
meaning of this definition.
Discharge compliance with water quality standards: the condition
that applies where a municipality has been notified that the discharge
of stormwater authorized under its municipal separate storm sewer
(MS4) permit may have caused or has the reasonable potential to cause
or contribute to the violation of an applicable water quality standard.
Under this condition, the Village of Spencerport must take all necessary
actions to ensure future discharges do not cause or contribute to
a violation of water quality standards.
303(d)-listed waters: the condition in the Village of Spencerport's
MS4 permit that applies where the Village of Spencerport discharges
to a 303(d)-listed water. Under this condition, the stormwater management
program must ensure no increase of the listed pollutant of concern
to the 303(d)-listed water.
Total maximum daily load (TMDL) strategy: the condition in the
Village of Spencerport MS4 permit where a TMDL including requirements
for control of stormwater discharges has been approved by the EPA
for a water body or watershed into which the Village of Spencerport
discharges. If the discharge from the Village of Spencerport did not
meet the TMDL stormwater allocation prior to September 10, 2003, the
Village of Spencerport was required to modify its stormwater management
program to ensure that reduction of the pollutant of concern specified
in the TMDL is achieved.
The condition in the Village of Spencerport's MS4 permit that
applies if a TMDL is approved in the future by the EPA for any water
body or watershed into which the Village of Spencerport discharges.
Under this condition, the Village of Spencerport must review the applicable
TMDL to see if it includes requirements for control of stormwater
discharges. If the Village of Spencerport is not meeting the TMDL
stormwater allocations, the Village of Spencerport must, within six
months of the TMDL's approval, modify its stormwater management program
to ensure that reduction of the pollutant of concern specified in
the TMDL is achieved.
A permit issued by NYSDEC [under authority delegated pursuant
to 33 U.S.C. § 1342(b)] that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable
on an individual or general area-wide basis.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including, but not limited to, any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels (i.e., ditches), reservoirs and other
drainage structures.
Any surface flow, runoff or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
A document which describes the best management practices
and activities to be implemented by a person to identify sources of
pollution or contamination at a site and the actions to eliminate
or reduce pollutant discharges to stormwater, stormwater conveyance
systems and/or receiving waters to the maximum extent practicable.
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Waters of the United States as defined at 40 CFR 122.2.
Surface watercourse and water bodies as defined at 40 CFR
122.2, including all natural waterways and definite channels and depressions
in the earth that may carry water, even though such waterways may
only carry water during rains and storms and may not carry stormwater
at and during all times and seasons.
[1]
Editor's Note: See 33 U.S.C. § 1313(d).
This article shall apply to all water entering the storm drainage
system generated on any developed and undeveloped lands unless explicitly
exempted by the Village of Spencerport. The article also applies to
stormwater entering the sanitary sewers.
B.
Any powers granted or duties granted to the above individuals may
be delegated, in writing, by the above-named individuals or by duly
enacted resolution of the Village Board to persons or entities acting
in the beneficial interest of or in the employ of the Village of Spencerport.
References in this article to "the Village of Spencerport" shall refer
to the above individuals where the sense of this article so requires.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore, this article does not intend
or imply that compliance by any person will ensure that there will
not be contamination, pollution nor unauthorized discharge of pollutants.
A.
A Village of Spencerport official named in § 276-34 bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, records examination and copying, observation, measurements, sampling, and testing pertinent to discharge or potential to discharge and for repair and maintenance to the municipal separate storm sewer system.
B.
Availability of information on nondomestic sources.
(1)
Information and data on a nondomestic source obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public or other governmental
agency without restriction, unless the nondomestic source specifically
requests and is able to demonstrate to the satisfaction of the Village
of Spencerport that the release of such information would divulge
information, processes or methods of production entitled to protection
as confidential information according to the criteria set forth in
40 CFR 2.208 and 2.302, as may be amended from time to time.
(2)
When requested by the person furnishing a report, the portions of
a report which might disclose confidential information shall not be
made available for inspection by the public. Stormwater constituents
and characteristics will not be recognized as confidential information.
(3)
Information accepted by the Village of Spencerport as confidential
shall be made available upon request to any agency meeting the requirements
of Section 308 of the Clean Water Act,[1] including officers, employees or authorized representatives
of the United States concerned with carrying out the Clean Water Act,
bound by the confidentiality rules in 40 CFR Part 2, as may be amended
from time to time.
[1]
Editor's Note: See 33 U.S.C. § 1318.
C.
While performing the necessary work on private properties referred to in § 276-36A, the Village of Spencerport shall observe all safety rules applicable to the premises established by the person, and the person shall be held harmless for injury or death to the authorized representative(s), and the Village of Spencerport shall indemnify the person against loss or damage to its property by Village of Spencerport employees and against liability claims and demands for personal injury or property damage asserted against the person by Village of Spencerport employees and growing out of the inspection and sampling operation, except as such may be caused by negligence or failure of the person to maintain safe conditions.
D.
Unreasonable delays in allowing the Village of Spencerport access
to the premises or other interference with the activities of the Village
of Spencerport shall be a violation of this article. Access to property
and/or records of a nondomestic source may not be refused on the basis
that the Village of Spencerport refuses to sign any waiver, access
agreement, or similar document.
E.
If the Village of Spencerport has been refused access to a building,
structure or property or any part thereof, and if the Village of Spencerport
has demonstrated probable cause to believe that there may be a violation
of this article or that there is a need to inspect as part of a routine
inspection program of the Village of Spencerport to verify compliance
with this article or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, then
the Village of Spencerport will make an application to a court of
competent jurisdiction for a search and/or seizure warrant describing
therein the specific location subject to the warrant. The warrant
application shall specify what, if anything, may be searched and/or
seized on the property described. If granted by the court, such warrant
shall be served at reasonable hours by the Village of Spencerport
in the company of a uniformed officer of the law enforcement agency
with jurisdiction over the property. In the event of an emergency
affecting public health and safety, inspections may be made without
the issuance of a warrant.
A.
Prohibition of illegal discharges.
(1)
No person shall discharge or cause to be discharged into the municipal storm drainage system or watercourses any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. Such activities include failing private sewage disposal systems as defined in § 276-32, improper management of animal waste or any other activity that causes or contributes to violations of the municipality's municipal separate storm sewer system (MS4) SPDES permit authorization.
(2)
Upon notification to a person that it is engaged in activities that
cause or contribute to violations of the municipality's MS4 SPDES
permit authorization, that person shall take all reasonable actions
to correct such activities such that it no longer causes or contributes
to violations of the municipality's MS4 SPDES permit authorization.
B.
Prohibition exceptions. The commencement, conduct or continuance
of any illegal discharge to the storm drainage system is prohibited,
except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this article: water line flushing or other potable water sources,
landscape irrigation or lawn watering, diverted stream flows, rising
groundwater, groundwater infiltration to storm drains, uncontaminated
and non-sediment-laden pumped groundwater, foundation or footing drains
(not including active groundwater dewatering systems), crawl space
pumps, air-conditioning condensation, springs, noncommercial washing
of vehicles, natural riparian habitat or wetland flows, swimming pools
(if dechlorinated, typically less than one ppm chlorine), firefighting
activities and any other water source not containing pollutants. Regardless
of exemption, best management practices should be implemented to reduce
impacts from the above activities.
(2)
Discharges specified, in writing, by the Village of Spencerport as
being necessary to protect public health and safety.
(3)
Dye testing is an allowable discharge but requires a verbal notification
to the Village of Spencerport prior to the time of the test.
(4)
The prohibition shall not apply to any nonstormwater discharge permitted
under SPDES permit, waiver or waste discharge order issued to the
discharger and administered under the authority of the New York State
Department of Environmental Conservation, provided that the discharger
is in full compliance with all requirements of the permit, waiver
or order and other applicable laws and regulations, and provided that
written approval has been granted for any discharge to the storm drainage
system by the Village of Spencerport.
C.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the storm drainage system is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this article if the
person connects a pipe or line conveying sewage to the municipal separate
storm sewer system (MS4) or allows such a connection to continue.
D.
Waste disposal prohibitions. No person shall throw, deposit, leave,
maintain, keep, or permit to be thrown, deposited, left, or maintained,
in or upon any public or private property, driveway, parking area,
street, alley, sidewalk, component of the storm drainage system, or
water of the United States, any refuse, rubbish, yard/lawn waste,
garbage, litter, or other discarded or abandoned objects, articles,
and accumulations, so that the same may cause or contribute to pollution.
Wastes deposited in streets in proper waste receptacles for the purposes
of collection are exempted from this prohibition.
E.
Prohibition against failing private sewage disposal systems. No person
shall construct or maintain any cesspool, sewage disposal system,
pipe or drain so as to expose or discharge the sewage contents or
other deleterious liquids or matter therefrom to the atmosphere or
on the ground surface or into any storm sewer or drain or as to endanger
any watercourse or body of water unless a permit for such discharge
shall have been issued by the Monroe County Department of Public Health
or by the State Department of Health or the State Department of Environmental
Conservation and such discharge shall be made in accordance with the
requirements thereof. Owners or operators of private sewage disposal
systems shall operate, maintain and inspect such systems in accordance
with the Monroe County Sewer Use Law.
F.
Prohibition of stormwater discharge to sanitary sewer. Stormwater
shall not be discharged into the sanitary sewer without written permission
to do so from the Village of Spencerport.
A.
Suspension due to illicit discharges in emergency situations. The
Village of Spencerport may, without prior notice, suspend discharge
access into the MS4 to a person when such a suspension is necessary
to stop an actual or threatened discharge which presents or may present
imminent and substantial danger to the environment; to the health
or welfare of persons; to the storm drainage system, including but
not limited to pipes, manholes, outfall structures and storm laterals;
or to the waters of the United States. If the violator fails to comply
with a suspension order, the Village of Spencerport may take such
steps as deemed necessary to prevent or minimize damage to the MS4
or waters of the United States or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the MS4 in violation of this article may have its MS4
access suspended or terminated if such action would abate or reduce
an illicit discharge. The Village of Spencerport will notify a violator
of the proposed suspension or termination of its MS4 access. The violator
may petition the Village Board of Trustees to reconsider the suspension
or termination of MS4 access by requesting a hearing.
C.
It shall be unlawful for any person to reinstate MS4 access to premises
suspended or terminated pursuant to this section without the prior
approval of the Village of Spencerport.
Any person subject to an industrial or construction activity
SPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the Village of Spencerport prior to discharge
or as a condition of a subdivision map, site plan, building permit,
or development or improvement plan; upon inspection of the facility;
during any enforcement proceeding or action; or for any other reasonable
cause.
A.
Applicability. This section applies to all facilities that the Village
of Spencerport must inspect to enforce any provision of this article
or whenever the Village of Spencerport has cause to believe that there
exists, or potentially exists, in or upon any premises, any condition
which constitutes a violation of this article.
B.
Access to facilities.
(1)
The Village of Spencerport shall be permitted to enter and inspect,
at any time, facilities subject to regulation under this article as
often as may be necessary to determine compliance with this article.
If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives
of the Village of Spencerport.
(2)
Facility operators shall allow the Village of Spencerport ready access
to all parts of the premises for the purpose of inspection, sampling
and examination of the private storm drainage system. Persons or facility
operators must supply copies, if requested by the Village of Spencerport,
of all records kept under the conditions of the SPDES stormwater discharge
permit. Persons or facility operators must also identify the performance
of any additional duties as defined by state and federal law.
(3)
The Village of Spencerport shall have the right to place or position
on any permitted facility such devices as are necessary, in the opinion
of the Village of Spencerport, to conduct monitoring and/or sampling
of the facility's discharge to the storm sewer system.
(4)
The Village of Spencerport has the right to require the discharger
to install monitoring equipment as necessary. The facility's sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the discharger at its own expense.
All devices used to measure stormwater flow and quality shall be calibrated
as necessary and recommended by the manufacturer to ensure their accuracy.
(5)
Any temporary or permanent obstruction to the facility which allows
for unsafe access or difficulty in monitoring, inspecting or sampling
of the storm drainage system shall be promptly removed by the discharger
at the written or verbal request of the Village of Spencerport and
shall not be replaced. All costs associated with clearing such access
restrictions shall be borne by the discharger in full.
(6)
Unreasonable delays, as determined by the Village of Spencerport,
in allowing the Village of Spencerport access to a facility, which
is permitted under the New York State Department of Environmental
Conservation SPDES program, for the purposes of conducting any activity
authorized or required by the permit is considered a violation of
said program and of this article.
(7)
If the Village of Spencerport has been refused access to any part
of the premises from which a discharge or conveyance to the storm
sewer system exists and the Village of Spencerport is able to demonstrate
probable cause to believe that there may be a violation of this article
or that there is a need to further inspect and/or sample the private
stormwater system to verify compliance with this article or any order
issued hereunder or to protect the overall public health, safety and
welfare of the community, then the Village of Spencerport may seek
issuance of a search warrant from any court of competent jurisdiction.
A.
Best management practices. The Village of Spencerport will adopt
requirements identifying best management practices (BMPs) for any
activity, operation or facility which may cause or contribute to pollution
or contamination of stormwater, the storm drainage system or waters
of the United States. The owner or operator of a commercial or industrial
establishment shall provide, at its own expense, reasonable protection
from accidental discharge of prohibited materials or other wastes
into the municipal storm drainage system or watercourses through the
use of structural and nonstructural BMPs. Further, any person responsible
for a property or premises which is, or may be, the source of an illicit
discharge may be required to implement, at said person's expense,
additional structural and nonstructural BMPs to prevent the further
discharge of pollutants to the municipal storm drainage system. Compliance
with all terms and conditions of a valid SPDES permit authorizing
the discharge of stormwater associated with industrial activity, to
the maximum extent practicable, shall be deemed compliant with the
provisions of this section. Appropriately designed structural/nonstructural
BMPs shall be included as part of a stormwater pollution prevention
plan (SWPPP) as necessary for compliance with requirements of the
SPDES permit.
B.
Private sewage disposal systems. Where private sewage disposal systems are contributing to the Village of Spencerport being subject to the special conditions as defined in § 276-32 of this article, the owner or operator of such private sewage disposal system shall be required to maintain and operate the system as follows:
A.
No person shall alter a stormwater practice on private or publicly
owned land such that it alters the stormwater practice from its intended
use.
B.
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of the
watercourse within the property in a manner which prevents illicit
discharges and keeps the watercourse free of trash, debris, yard/lawn
waste, excessive vegetation and other obstacles that would pollute,
contaminate or significantly retard the flow of water through the
watercourse. In addition, the owner or lessee shall maintain existing
privately owned structures within or adjacent to a watercourse so
that such structures will not become a hazard to the use, function
or physical integrity of the watercourse.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in the illegal discharge of pollutants into stormwater, the public
or private storm drainage system or waters of the United States, said
person shall take all necessary steps to ensure the discovery, containment
and cleanup of any such release. In the event a release of hazardous
materials occurs, said person shall immediately notify the NYSDEC
Region 8 Spill Response Team and/or call the NYS Spill Hotline within
the time frame established by law as well as notify the Village of
Spencerport of the occurrence. In the event of a release of nonhazardous
materials, said person shall notify the Village of Spencerport in
person or by phone or facsimile no later than the next business day.
Notifications in person or by phone shall be confirmed by written
notice addressed and mailed to the Village of Spencerport, postmarked
within three business days of the date of the in-person or phone notice.
If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least five years.
A.
Whenever the Village of Spencerport finds that a person has violated
a prohibition or failed to meet a requirement of this article, the
Village of Spencerport may order compliance by written notice of violation
to the responsible person. Such notice may require, without limitation:
(1)
The performance of monitoring, analyses and reporting.
(2)
The elimination of illicit connections or discharges.
(3)
That violating discharges, practices or operations shall cease and
desist.
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property.
(5)
Payment of a fine to cover administrative and remediation costs.
(6)
The implementation of source control or treatment BMPs.
B.
If abatement of a violation and/or restoration of affected property
is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within
the established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator.
In addition to or as an alternative to any penalty provided
herein or by law, any violation of this article is punishable by a
fine not to exceed $350 or imprisonment for a period not to exceed
15 days, or both, for conviction of a first offense; a second violation
of this article committed within a period of five years is punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed 30 days, or both; and a third or subsequent
violation of this article within a period of five years is punishable
by a fine not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed 30 days, or both. Each day's continued
violation shall constitute a separate additional violation.
Any person receiving a notice of violation may appeal the determination
of the Village of Spencerport. Appeals shall be to the Village Board.
The Village Board may consult with the Village Engineer or any other
professional to obtain information regarding the appeal. The notice
of appeal must be received by the Village Clerk within 10 days of
the date of the notice of violation. Hearing on the appeal before
the Village Board shall take place within 15 days of the date of receipt
of the notice of appeal. The decision of the Village Board shall be
made within 15 days and shall be final.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation or, in the event of an appeal,
within five days of the decision of the municipal authority upholding
the decision of the Village of Spencerport, its representatives and/or
employees may enter upon the subject private property with the consent
of the owner or with a valid search and/or seizure warrant and are
authorized to take any and all measures necessary to abate the violation
and/or restore the property.
Within 10 days after abatement of the violation, the owner of
the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protection
claim objecting to the amount of the assessment within 10 days. If
the amount due is not paid within a timely manner as determined by
the decision of the municipal authority or by the expiration of the
time in which to file an appeal, the charges shall become a special
assessment against the property and shall constitute a lien on the
property for the amount of the assessment. Any person violating any
of the provisions of this article shall become liable to the Village
of Spencerport by reason of such violation.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the Village of Spencerport may petition for a preliminary
or permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
In lieu of enforcement proceedings, penalties and remedies authorized
by this article, the Village of Spencerport may impose upon a violator
alternative compensatory actions, such as storm drain stenciling,
attendance at compliance workshops, creek cleanup, etc.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this article is a threat to public health, safety
and welfare and is declared and deemed a nuisance and may be summarily
abated or restored at the violator's expense, and/or a civil action
to abate, enjoin or otherwise compel the cessation of such nuisance
may be taken.
For the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Any person that has violated or continues to violate this article shall be liable to criminal prosecution to the fullest extent of the law and, upon conviction, shall be guilty of a violation and subject to a penalty as set forth in § 276-45 of this article.
The Village of Spencerport may recover all attorney fees, court
costs and other expenses associated with enforcement of this article,
including sampling and monitoring expenses.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law, and it is within the discretion of the Village of Spencerport
to seek cumulative remedies.
