A. 
Notification of violation. Whenever the Inspector finds that any user has violated or is violating this chapter, or an order, prohibition, limitation, or requirement permitted by this chapter, the Inspector may serve upon such person a written notice stating the nature of the violation. Within 30 calendar days of the date the Inspector mails the notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof shall be submitted to the Inspector by the user. The correction and prevention plan shall include specific actions. Submission of this plan in no way relieves the user of liability for any violations caused by the user before or after receipt of the notice of violation.
B. 
Consent orders. The Inspector is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for the noncompliance. Such orders shall include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as an administrative order.
C. 
Administrative or compliance orders.
(1) 
When the Inspector finds that a user has violated or continues to violate this chapter or a permit or administrative order issued thereunder, he may issue by personal service or registered mail an administrative order to the user responsible for the discharge that orders one or more of the following: i) imposes a penalty pursuant to § 104-36D; or ii) imposes a cease-and-desist order pursuant to § 104-36E; or iii) directing that, following a specified time period, septic system service from the district shall be discontinued, severed and abated in accordance with this section unless the violation is corrected and there is no reoccurrence of the violation. Administrative orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of treatment technology, additional self-monitoring, and management practices.
(2) 
The user may, within 15 calendar days of receipt of such order, petition the Inspector to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Inspector by registered mail. Within 10 calendar days of receipt of the petition, the Inspector shall issue a written decision either:
(a) 
Rejecting any frivolous petitions; or
(b) 
Modifying or suspending the order.
(3) 
Within 15 calendar days of receipt of the Inspector's decision, the user may seek a hearing pursuant to § 104-36F hereof.
D. 
Administrative fines. Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter or administrative order issued hereunder shall be fined in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation.
E. 
Cease-and-desist orders. When the Inspector, finds that a user has violated or continues to violate this chapter or any permit or administrative order issued hereunder, the Inspector may issue an administrative order to cease and desist all such violations and direct those persons in noncompliance to:
(1) 
Comply forthwith.
(2) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting septic services.
F. 
Show cause hearing.
(1) 
Within 10 days after receipt of the request of hearing, the Inspector shall serve a notice on the user specifying the time and place of a hearing to be held by the Town Board regarding the violation, a summary of the reasons why the action is to be taken and a summary of the evidence in support of the violation. The notice of the hearing shall be served at least 10 calendar days before the hearing in accordance with § 104-36H of this article. Copies of such notice shall be provided to the property owner.
(2) 
The Town Board may itself conduct the hearing or may designate any of its members or any officer or employee of the Town to conduct the hearing who may then:
(a) 
Issue, in the name of the Town Board, notices of hearings compelling the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(b) 
Take the evidence;
(c) 
Take sworn testimony;
(d) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Town Board for action thereon.
(3) 
After the Town Board has reviewed the evidence and testimony, it may order the user to comply with the Inspector's order or fine, modify the Inspector's order or fine, or vacate the Inspector's order or fine.
G. 
Failure of user to petition the Inspector. In the event the Inspector issues any administrative order, or makes any fine as set forth in this article, and the user fails, within the designated period of time set forth, to petition the Inspector, as provided in appropriate sections of this article, or to seek a hearing, the user shall be deemed in default and its rights to contest the administrative order or fine shall be deemed waived.
H. 
Notice. The notices, orders, petitions, or other notification which the user or Inspector shall desire or be required to give pursuant to any sections of this chapter shall be in writing and shall be served personally or sent by certified mail or registered mail, return receipt requested, postage prepaid, and the notice, order, petition, or other communication shall be deemed given upon its mailing as provided herein. Any notice, administrative order, or communication mailed to the user pursuant to the sections of this chapter shall be mailed to the user. Any notice, petition, or other communication mailed to the Inspector shall be addressed and mailed to the Town Hall of the Town.
I. 
Right to choose multiple remedies. The Inspector shall have the right to utilize any one or more appropriate administrative remedies set forth in this article. The Inspector may utilize more than one administrative remedy established pursuant to this article. A hearing hereunder can combine more than one enforcement action.
A. 
Civil actions for penalties.
(1) 
In lieu of the administration enforcement action taken by the Inspector and/or to enforce an administrative order, the Town Attorney, upon approval by the Town Board, may commence a civil action against a user who violates any of the provisions of or who fails to perform any duty imposed by this chapter, or any administrative order or determination of the Inspector issued under this chapter. In such action, such person shall be liable to the Town for a civil penalty not to exceed $1,000 for each such violation, to be assessed after a hearing. Each violation shall be separate and distinct, 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 Town Attorney in any court of competent jurisdiction, giving preference to courts local to the Town. In addition to the above described penalty, the Town may recover all damages incurred by the Town from any persons or users who violate any provisions of this chapter, or who fail to perform any duties imposed by this chapter or any administrative order or determination of the Inspector issued under this chapter. In addition to the above described damages, the Town may recover all reasonable attorney's fees incurred by the Town in enforcing the provisions of this article, including reasonable attorney's fees incurred in any action to recover penalties and damages, and the Town may also recover court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(2) 
In determining the amount of civil penalty, the court shall take into account all relative circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other relative factors as justice may require.
(3) 
Such civil penalty may be released or compromised by the Inspector before the matter has been referred to the Town Attorney, and where such matter has been referred to the Town Attorney, any such penalty may be released or compromised and any action commenced to recover the same may be settled and discontinued by the Town Attorney with the consent of the Town Board.
B. 
Court orders.
(1) 
In addition to the power to assess penalties as set forth in § 104-37A above, the court shall have the power, following the hearing, to issue an order enjoining the violator from continuing the violation.
(2) 
Any such court order shall be sought in an action brought by the Town Attorney, at the request of the Town Board, in the name of the Town, in any court of competent jurisdiction, giving precedence to courts local to the Town.
C. 
(Reserved)
D. 
Injunctive relief. Whenever a user has violated or continues to violate the provisions of this chapter, the Town Attorney, as authorized by the Town Board, may petition a court of competent jurisdiction, in the name of the Town, for the issuance of a preliminary or permanent injunction, or both (as may be appropriate), which restrains the violation of, or compels the compliance with, any order or determination thereunder by the Inspector.
E. 
Summary abatement.
(1) 
Notwithstanding any inconsistent provisions of this chapter, whenever the Inspector finds, after investigation, that any user is causing, engaging in, or maintaining a condition or activity which, in the judgment of the Inspector, presents an imminent danger to the public health, safety, or welfare, or to the environment, or is likely to result in severe damage to any septic system, or the environment, and it therefore appears to be prejudicial to the public interest to allow the condition or activity to go unabated until notice and an opportunity for a hearing can be provided, the Inspector may, without prior hearing, order such user by notice, in writing wherever practicable or in such other form as 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. As promptly as possible thereafter, not to exceed 15 calendar days, the Inspector shall provide the user an opportunity for a hearing before the Town Board in accordance with § 104-36G.
(2) 
If the user is not within the geographic boundaries of the Town, the right of summary abatement to discontinue, abate, or alleviate conditions or activities shall be those prescribed in the intermunicipal agreement or Town-user agreement.
(3) 
The Inspector, acting upon the belief that an emergency exists, shall be indemnified by the Town against any personal liability that may arise in the performance of his duties to protect the public health, safety, or welfare, or to preserve any septic system or the environment.
A. 
If there shall be any fines, penalties, or other charges due to a violation of this chapter which are due to the district pursuant to any article or section of this chapter which shall remain due and unpaid, in whole or in part, for a period of 30 calendar days from the date of billing by the Town, the same shall constitute a default and interest shall accrue on the unpaid balance at the rate of 2% per month, retroactive to the date of the original billing.
B. 
In the event that there are any other service charges (including repair charges) which shall have been delinquent for a period of at least 60 calendar days as of November 1 of any year, the Inspector shall report the names of the defaulting persons to the Town Supervisor, the Town Clerk, the Town Chief Assessor, and the Town Treasurer on or before November 1 of the same year. The Town Chief Assessor is hereby directed to add the entire amount of the service charge (including repair charge) which shall be in default, plus penalty and interest, as provided for in this chapter, to the real property taxes due and owing to the Town in the next succeeding year, and the Town Chief Assessor is directed to collect the same in the same manner as real property taxes due and owing to the Town are collected.
C. 
Where charges are delinquent and the violator is not a resident of the Town, or is located outside the geographical boundaries of the Town, then the Town Attorney is authorized to seek recovery of charges, including punitive damages, in a court of competent jurisdiction or make arrangements with the appropriate county where the user is located to add the amount of the sewer assessment or other charges which shall be in default, plus penalty and interest, as provided for in the Law, to the real property taxes due to the County in the next ensuing year.