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.