In the event payment is not made as required for usage of water
and/or tap fees, that payment shall be added to the tax rolls provided
for the next succeeding tax bill. In addition, interest on the unpaid
balance shall accrue at the highest legal rate permitted by law for
such obligations and the party incurring such expense shall be responsible
for all costs of collection, reasonable attorney's fees, disbursements,
and expenses incurred in connection with any collection thereafter.
The provisions hereof shall be administered and enforced by
a person appointed by the Town Board as the "Enforcement Officer."
The Enforcement Officer shall be the Town as of the date of this rule
and regulation or his designated representative until otherwise determined
by the Town Board. No permit or authority required hereunder shall
be issued, except in compliance with the provisions of this rule and
regulation, or as directed by the Town Board of the Town of Halfmoon.
The Enforcement Officer or a Town Board designated representative
shall have the power and authority to make such inspections of buildings
or premises necessary to carry out his duties in the enforcement of
this rule and regulation.
A.
Stop work orders.
(1)
Whenever the Town or authorized representative has reasonable grounds
to believe that the work on any tap, lateral, or appurtenance is proceeding
without permit or is otherwise in violation of the provisions of any
applicable law, code, ordinance, rule, or regulation or is not in
conformity with any of the provisions of these rules and regulations,
or is being performed in an unsafe or dangerous manner, notification
will be made to either the owner of the property or the owner's
agent or the person, firm, or corporation performing the work, to
immediately suspend all work. In such instance, any and all persons
shall immediately suspend all related activities until the stop work
order has been duly rescinded. In the event that the property owner
or representative is unavailable, the Code Enforcement Officer should
post conspicuously upon the property a stop work order and mail a
copy of the same by certified mail or send a facsimile thereof to
the owner, the owner's agent, or the person performing the work
at the last known address on record with the Town of Halfmoon for
said entity. If the work has already been completed, the Town has
the right to terminate the supply of water to said property.
B.
Penalties for offenses.
(1)
It shall be an "A" misdemeanor for any person, firm or corporation
to construct, alter, repair, remove, move, demolish, equip, use, occupy
or maintain any lateral, tap or line or portion thereof in violation
of any of the provisions of these rules and regulations or fail in
any manner to comply with any notice, directive or order of the Enforcement
Officer or designated representative or to conduct, alter or use any
pipe, line, hydrant, appurtenances, or part thereof in a manner not
permitted by an approved permit issued in accordance with these Rules
and Regulations and with the order of the Town. Punishable by a term
of imprisonment exceeding 15 days but no more than one year may be
imposed and/or a fine not to exceed $1,000 may be imposed.
(2)
Any individual, partnership, corporation or other firm owning, operating,
occupying or maintaining property or premises within the Consolidated
Water District must comply with all the provisions of the Town's
rules and regulations the subdivision ordinance, zoning ordinance,
and all orders, notices, rules, regulations or determinations issued
in connection therewith.
(3)
Whenever it is found that there has been a violation hereof or of
any rule or regulation adopted pursuant to the Town's rules and
regulations, an appearance ticket may be issued to the person, individual,
partnership or corporation owning, operating or maintaining the premises
in which such violation has been noted and or the person, entity,
etc, performing the work. If a person served with an appearance ticket
fails to appear as directed, a summons or warrant of arrest may be
issued by the court on the basis of the accusatory instrument. An
accusatory instrument shall be filed with the Town Court prior to
the commencement of the criminal action.
(4)
An appearance ticket or other orders or notices referred to in these
rules and regulations or in any other Town ordinances shall be served
on the owner or one of the owner's executors, legal representatives,
agents, lessees, any tenant or other person occupying the premises
or other person having a vested or contingent interested in the premises,
either personally or by certified mail, addressed to the last known
address, can be served by facsimile, if any, of the owner or one of
the owner's executors, legal representatives, agents, lessees
or other person having a vested or contingent interest in name, as
shown by the last preceding completed record of the Receiver of Taxes
or in the Office of the County Clerk.
(5)
The Code Enforcement Officer shall have the authority, pursuant to
the Criminal Procedure Law, to issue an appearance ticket subscribed
by him, directing a designated person to appear in court at a designated
time in connection with the commission of a violation of hereof or
any order made thereunder.
(6)
Any person who shall fail to comply with a written order of the Code
Enforcement Officer or his designated representative within the time
fixed for compliance therewith and any owner, builder, architect,
tenant, contractor, subcontractor, plumber, construction superintendent,
or their agent's or any other person taking part of assisting
in the construction or use of any building who shall violate any of
the applicable provisions herewith the Town's rules and regulations
or any lawful order, notice directive, permit or certificate of the
Code Enforcement Officer of in addition to any other provision of
the Town's rules and regulations or any rules or regulations
adopted pursuant to this regulation or who shall violate or fail to
comply with any order made thereunder shall be guilty of an "A" misdemeanor
punishable by a term of imprisonment exceeding 15 days but no more
than one year and/or a fine not to exceed $1,000. Each day that such
violation shall continue shall be a separate violation and is subject
to a separate fine, imprisonment or combination thereof.
(7)
Notwithstanding a conviction for an offense against any provisions
or sections, an association or corporation convicted of a violation
herewith shall be subject to revocation of any permit therein granted
without reimbursement of fees paid thereof.
(8)
In lieu of, or in addition to, any fine or imprisonment, or both,
imposed for a conviction of any offense herewith, each such offense
may be subject to a civil penalty not to exceed $250 to be recovered
in an action or processing in a court of competent jurisdiction. Each
day an offense continues shall be subject to a separate civil penalty.
(9)
The Town Attorney may maintain an action or proceeding in a court
of competent jurisdiction to compel compliance with this article,
notwithstanding the previous provisions of this subsection, for a
penalty or other punishment.
C.
Liability of Town and employees for damages. The Town's rules
and regulations shall not be construed to hold any Code Enforcement
Officer of the Town of Halfmoon or the Town of Halfmoon responsible
for any damages to persons or property by reason of the inspection
or reinspection authorized herein or failure to inspect or reinspect
as required by the permits under the Town's rules and regulations
nor shall it be liable for any damage to persons or property by reason
of the Code Enforcement Officer exercising their discretion as provided
in the Town's rules and regulations.
(1)
Notification of violations. Written notice of violation signed by
the Code Enforcement Officer shall be served upon the person or persons
committing such violation either personally or by mail addressed to
such person or persons at his or her last known address. Each week's
continued violation shall constitute a separate additional violation.
(2)
Complaints. Whenever an alleged violation of the Town's rules
and regulations occurs, any person may file a complaint in regard
thereto. All such complaints must be in writing and shall be filed
with the Code Enforcement Officer who shall properly record such complaint
and immediately investigate and report thereon. All such complaints
shall be signed by and bear the address of the complainant.
