No person shall permit dishwater, slops, soapsuds, sewage or
any kind of liquid or filth to run down his lot or premises in his
possession, occupation or use, into or on any gutter, street, highway,
alley, avenue or any public place in the Village of Buchanan, except
water which has accumulated on the surface of such lot or premises
in case of rain or snow.
[Amended 5-7-2024 by L.L. No. 3-2024]
A. A notice of violation of any provision of this chapter may be issued
to any violator by either the Village Engineer, the Sewer Inspector,
the Building Inspector or the Chief Sewage Treatment Plant Operator.
In the event that the violation is not remedied within the time requirement
set forth in the notice of violation, an appearance ticket requiring
the alleged violator to appear before the Village Justice of the Village
of Buchanan shall be issued by the official who issued the notice
of violation. The Village Police Department shall be authorized to
serve any notices or appearance tickets set forth in this chapter,
as well as any Village official authorized to issue said notice or
appearance ticket.
B. Any person, persons, firm, association or corporation or agent thereafter
convicted of a violation of this article shall be required to reimburse
the Village for any fines from state or county agencies, or costs
for any remediation, corrective action required to restore or repair
the condition to the satisfaction of the Village Engineer or any other
permitting or regulatory authority.
C. Any person, persons, firm, association or corporation or agent violating
any provision of this article shall be guilty of a violation and,
upon conviction thereof, shall be punished by a fine not to exceed
the sum of $250 or imprisonment up to 15 days, or both. Each day shall
constitute a separate and distinct offense, punishable by a like fine
or penalty as herein set forth herein.
D. Notwithstanding the penalties hereinabove provided, the Village of
Buchanan may maintain an action or proceeding in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of any provision of this article.
E. The foregoing
provisions for enforcement of the regulations in this article are
not exclusive but are in addition to any and all laws applicable thereto.
F. The Village reserves the right to deny water and/or sewer service to any violator who fails to promptly correct any violations, pay fees, or appear in court. All disconnections from the sewerage system shall be made in accordance with §
155-19.
G. Should
a violation pose an immediate health concern to the welfare of the
Village and the property owner in negligent in correcting the violation,
the Village reserves the right to perform the necessary corrective
actions with its own or contracted forces. All costs thereof shall
be provided for and defrayed by a special tax bill to be assessed
in favor of the Village against the property on which said corrections
are made, and such special tax bill shall become a lien on said property.
If the property is not within the Village, the Village will seek all
legal actions available under the Village Code.