[HISTORY: Adopted by the Town Board of the
Town of Blooming Grove 9-6-2022 by L.L. No. 7-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 124,
Filling and Grading, adopted 4-11-1988 by L.L. No. 2-1988 (Ch. 137 of the 1975 Code), as
amended.
The Town Board hereby finds that the uncontrolled and unregulated excavation, filling, and grading of soil has resulted and will result in conditions detrimental to the public safety, health and general welfare; and to ensure that the filling and grading of properties are safely conducted in conformance with Chapter 235, Zoning, and all other applicable laws.
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
application.
The board or official designated by this chapter to receive
and review soil permit applications and to issue soil permits, i.e.,
Planning Board, Town Board, Building Inspector, and the Code Enforcement
Officer.
Improvement of a lot by the construction or erection of one
or more buildings for residential, commercial or industrial purposes
and improvement of lands through conservation and flood control. The
term "improvement" shall mean that work done as part of an approved
permit from the Building Inspector, Code Enforcement Officer, or the
Planning Board.
The Building Inspector and Code Enforcement Officer serving
the Town of Blooming Grove. Said Inspector and Officer shall have
the power, right and authority to issue an appearance ticket, as the
same is defined in Article 150 of the Criminal Procedure Law of the
State of New York, for the violation of any section of this chapter.
Any digging extending to a depth of more than 15 feet below
the natural contour of the land, or the present contour if the natural
contour has been disturbed prior to the effective date of this chapter;
including, but not limited to, soil, sand, gravel and rock digging.
Any person who shall move or remove soil, as that term is
defined herein.
The placement of soil, as defined herein, on any property
for the purpose of raising or elevating any portion of a property.
Filling shall not be deemed to include or permit the burying of garbage,
trash or hazardous materials of any kind. Nonhazardous refuse, demolition
or construction waste originating within the Town may be deemed to
be acceptable fill material upon review and approval of the approving
authority. No refuse or construction and demolition debris originating
outside the Town of Blooming Grove shall be used as fill material
unless approved by the approving authority, and in accordance with
these regulations.
Excavation or fill of material, including the resulting conditions
thereof and/or changing or alteration of the surfaces or slopes of
lawns or grounds on a site.
Those materials as defined by either federal or state law
as "hazardous," including, but not limited to, petroleum and petroleum
products.
A permit issued by the Town Planning Board to allow major
filling, grading and movement of materials regulated herein.
The movement of soil, as defined herein, in amounts exceeding
150 cubic yards over the course of a twelve-consecutive-month period
which shall require a permit from the Town Board.
A permit issued by the Enforcement Officer to allow minor
filling, grading and movement of materials regulated herein.
The movement of soil, as defined herein, in amounts equal
to or less than 150 cubic yards but greater than 50 cubic yards, over
the course of a twelve-consecutive-month period, which shall require
a permit from the Enforcement Officer.
To dig; to excavate; to remove; to deposit; to place; to
fill; to grade, regrade, level or otherwise alter or change the location
or contour; to transport; or to supply. This term shall not be construed
to include plowing, spading, cultivating, harrowing or any other operation
usually and ordinarily associated with the tilling of soil for agricultural
or horticultural purposes. See the definition of "excavation."
New York State Department of Environmental Conservation.
For purposes of this chapter, any soil, earth, dirt, sand,
clay, loam, gravel, humus, gravel, rubble, spoils, rocks and/or other
similar material, without regard to the presence or absence therein
of organic matter.
Excavation of loose material from an area and storing in
piles convenient for removal from the site.
A.
Major filling and grading permit. Anyone engaged in the movement
of soil and other classified as a major filling and grading movement
shall require a permit to be issued by the Town Planning Board.
B.
Minor filling and grading permit. Anyone engaged in the movement
of soil classified as a minor filling and grading movement shall require
a permit to be issued by the Enforcement Officer, subject to referral
of the application to the Town Engineer, and unless the filling and
grading is part of an application brought before the jurisdiction
of the Town Planning Board, which Town Planning Board may issue a
minor filling and grading permit.
C.
Wetlands or floodplains. Moving, filling or grading soils within a wetland or floodplain is not permitted except in compliance with any state or federal permit allowing said activity, or in accordance with Chapter 132, Flood Damage Prevention, of the Code of the Town of Blooming Grove.
D.
Mining and quarrying. Nothing herein shall be construed to permit mining or quarrying activities unless otherwise permitted in accordance with Chapter 235, Zoning, of the Code of the Town of Blooming Grove.
E.
Exceptions.
(1)
A filling and grading permit shall not be required for the following
activities:
(a)
Bona fide agricultural operations located in a New York State
certified agricultural district, provided that filling and grading
activities are strictly related to the agricultural operation.
(b)
Moving, filling, and grading in amounts less than or equal to
50 cubic yards during any twelve-consecutive-month period.
(c)
Filling and grading in accordance with an approved subdivision
or site plan, where the proposed changes have already been evaluated
and denoted on said plans, and no soil is removed from or brought
onto the development from another location.
(d)
For movement on commercial property of a business engaged in retail or wholesale distribution of soil where said use is allowed and operating under a valid certificate of occupancy in accordance with Chapter 235, Zoning, of the Code of the Town of Blooming Grove.
(e)
For routine landscaping, grading lawn areas, normal repairs
to occupied property, correcting hazards representing an imminent
threat to life or property, removal of dead wood which, in total,
is less than 60 cubic yards or customary agricultural operations.
(f)
Any filling or grading incident to the construction or maintenance
of a public highway or public utility.
(2)
In the event of soil movement as part of a development application,
nothing contained in this subsection, entitled "Exceptions," shall
be construed to preclude the Building Inspector from determining that,
by reason of the size or complexity of the contemplated soil movement,
a major or minor soil permit is required.
F.
Any movement of soil, including that exempt from the provisions of
this chapter, must include the representation that said soil movement
shall have no adverse impact on the neighboring property owners and
shall not increase water runoff, or cause soil erosion or sedimentation.
A.
Form of application. An application shall be submitted with the following
data:
(1)
The name and address of the applicant.
(2)
The printed name(s) and address(es) of all owner(s) of the lot(s)
and notarized signature of same.
(3)
The Tax Map section, block and lot(s) as shown on the current Tax
Maps of the Town of Blooming Grove.
(4)
The purpose for excavating, moving or filling and grading of soil.
(5)
The kind and quantity, in cubic yards, of soil to be excavated, moved,
or removed. In the case of soil to be brought in, the place from which
the soil is to be brought and the kind and quality of the soil to
be brought in shall be set forth.
(6)
The proposed dates of commencement and completion of the activity.
(7)
The name, address, and telephone number of the person having direct
charge, supervision and control of the proposed activity.
(8)
The name, address and telephone number of the person having direct
charge or control of the operation or removing the excavated material.
(9)
A description of the equipment to be used in the excavation, filling
and grading of the soil.
(10)
A description giving the number and size of the trucks or other
vehicles in filling or delivery of soil, and gross vehicle weights.
(11)
A description of the route or routes to be used by the vehicles
in transporting the soil.
(12)
Evidence of compliance with applicable soil erosion and sediment
control regulations and codes of the Town of Blooming Grove, County
of Orange and the State of New York.
(13)
In the event the contemplated work shall proceed in stages,
a map showing the division of the tract into phases clearly indicating
the order in which each phase is to be filled or graded and the length
of time to be devoted to each phase.
(14)
Hazardous materials/importation of fill material. Fill material
procured from a site other than the site at which the fill is proposed
to be used shall be free of hazardous substances, as defined by all
federal, state and local regulations. This shall apply to all soil
movement which results in soil importation within the Town, and regardless
of its classification as "minor," "major" or "exempt." An owner seeking
to import fill as part of a minor or major soil application shall
submit, as part of the application, data identifying the source, need,
purpose and volume of the fill, including a description of the methods
used to determine that it is free of hazardous substances, which shall
include but will not be limited to a true copy of the fill shipper's
delivery manifest. Methods used to ensure compliance with this section
shall be in conformance with published testing procedures as adopted
by the New York State Department of Environmental Conservation. The
Code Enforcement Officer and/or Town Engineer may request further
information regarding compliance with this section before approving
the permit application.
(15)
Such other data as the approving authority may require, consistent
with its review function and the standards governing said review.
(16)
The applicant shall also include a copy of a survey delineating
the approximate location and the dimensions of the amount of soil.
B.
Signature and endorsement. The application shall bear the signature
of the applicant and the endorsement of the property owner(s) signifying
consent to file the application, and for of the applicant to perform
the proposed work and consent to the Town, in the event of failure
of the applicant to do so, to cause the proposed work to be completed
or otherwise terminated in keeping with the purposes and objectives
of this chapter.
A.
The following shall accompany an application for a minor or major
filling and grading permit:
(1)
A grading plan showing the following:
(a)
The tax lot upon which the activity will be conducted and all
tax lots within 500 feet of the property line of the property on which
the activity will be constructed, identifying the Tax Map section,
block and lot parcel number of all adjacent property owners located
within 500 feet of the property.
(b)
Existing and proposed contour lines, amount of fill to be placed
or displaced, location of trees over eight inches in diameter measured
four feet from the ground, and road access to the site.
(d)
The existing elevations of all buildings, structures, streets,
bodies of water, and watercourses, natural or artificial, and all
drainage features such as pipes, inlets, and manholes. Pipe sizes
and invert elevations shall also be provided.
(e)
Existing surface water drainage and proposed facilities for
surface water drainage and, where applicable, channels of any streams,
bodies of water and watercourses, natural or artificial, including
detailed cross sections showing proposed channel widths, bank slopes
and method of erosion control.
(f)
Proposed slopes and lateral supports to adjacent properties
and on the subject lot.
(g)
The limits of disturbance of the area or areas within the subject
lot within which the soil moving operations are to be conducted.
(h)
Accurate cross sections showing the locations and quantities,
in cubic yards, of the soil to be moved.
(i)
Such other pertinent data as the approving authority may require.
(2)
Preliminary copies of any contracts to perform such filling and grading, which contract shall state that it is subject to this Chapter 124, and a copy of this chapter shall be affixed to and become a part of such contract.
(3)
If a permit is required from the NYSDEC, documentation regarding
permit status prior to the issuance of a filling and grading permit.
Any required NYSDEC permit must be in effect prior to the Town issuing
a permit.
(4)
Proof of insurance adequate to cover the intended work pursuant to
the terms of the permit. The Town shall be named as an additional
insured on the applicant's policy. The application shall by a
separate instrument agree to indemnify and hold harmless the Town
from any claims arising out of the intended activity.
(5)
Completion date and any other information which the approving authority
determines is necessary to review the application.
(6)
A notice shall also be affixed to all copies of all contracts stating
the Town's weight restriction for travel on all Town-owned roadways.
(7)
The approving authority may refer the application and supporting documentation to the Town Engineer for review and comment, or may engage the services of an independent consultant to review the application and supporting documentation, the fees for which shall be paid by the applicant, in accordance with Chapter 217, Taxpayer Protection.
(8)
Filling and grading shall be done in such manner as not to result
in any increase of surface water runoff onto any other properties
and shall not result in any conditions which increase erosion or result
in any unstable conditions upon the site, adjacent properties or wetlands.
(9)
The approving authority, as a condition of approval, may require
appropriate surveillance of the site on a twenty-four-hour, seven-day-week
basis, until the activity is completed. The applicant shall be required
as a condition of the permit to sign the permit authorizing the Town
of Blooming Grove Building Inspector, Code Enforcement Officer, Town
Engineer, or other employees or agents to enter onto the property
to conduct the appropriate monitoring. Prior to the issuance of a
permit, the Town Board shall estimate any and all costs for monitoring
and the applicant shall post security in a form acceptable to the
Town Board to cover such costs.
(10)
The applicant shall retain a professional engineer or land surveyor
licensed to practice in the State of New York, who shall certify as
to the contours of the site at regularly scheduled times to be established
by the Code Enforcement Officer or his designee.
(11)
Any monitoring and/or testing of fill material which is required
during the course of operations will be performed by a licensed professional
engineer and/or testing lab retained by the Town. The applicant shall
reimburse all costs for this testing to the Town.
(12)
The approving authority may impose any reasonable conditions
to the permit such as screening, access controls, dust controls, site
security, etc., which are necessary in order to adequately maintain
the site.
(13)
The approving authority may limit the duration of any permit
issued pursuant to this chapter to 60 days or other period deemed
reasonable by same.
B.
Minor grading and filling permit waivers. Upon a finding by the Code Enforcement Officer that due to the nature of the activity, certain provisions set forth in § 124-4A are not requisite to protect the health, safety and welfare of the Town or adjoining properties, said items may be waived, and any such waiver shall be duly noted in the records of the application.
A.
Submission of application. In the event that the moving, filling,
or grading of soil for which a permit is required is in connection
with property on which subdivision or site plan approval is being
sought simultaneously, the application and all other documents and
fees, which may be required, shall be submitted to the Planning Board.
In all other cases, the said application shall be submitted to the
approving authority.
B.
Referral to the Town Board. By reason of the size, scope, and/or
complexity of soil moving, filling and/or grading contemplated by
the applicant, the Code Enforcement Officer, within 10 days of the
filing of the application, may refer the application to the Town Board
for approval and shall so notify the applicant. Upon such referral,
the Town Board shall assume exclusive jurisdiction of the application.
A.
Simultaneously with the filing of the application, there shall be
submitted to the Town Comptroller a fee, payable to the order of the
Town of Blooming Grove, as provided in the Town's Schedule of
Fees.
B.
In the event the soil filling and grading permit is denied, that
portion of the fee in excess of the Town's engineering, legal,
administrative and other expenses incurred for the review of the application
shall be refunded to the applicant.
C.
In the event that the fees posted by the applicant are insufficient
to meet the reasonable engineering, legal and administrative expenses
incurred by the Town in processing the application and monitoring
the applicant's performance, then the applicant shall, upon the
request of the Town, immediately pay such additional engineering,
legal, administrative and other expenses incurred by the Town. In
the event that the applicant does not pay all the fees required by
this chapter, the sums due to the Town shall become an obligation
of the owner of the property and shall become a lien upon the property
and levied on the next real property tax levy on the Town's next
year's tax levy. The Town may cease processing an application
where fees or expenses remain unpaid by the applicant.
A.
The applicant shall be required to post a cash bond and/or an escrow account held by the Town or other security acceptable to the Town Board, in an amount to be reviewed by the Town Engineer, and approved by the Town Board, which security shall be posted with the Town Comptroller and in a form acceptable to the Town Attorney to guarantee the satisfactory restoration and reclamation of the site and repair of any Town roads or other public property which might be damaged as a result of filling, moving, and grading. In the event that the applicant fails or refuses to make the necessary repairs, the Town Board shall after notice and public hearing pursuant to § 124-19 forfeit the security in order to cover the expense of making such repairs.
B.
In the event that the applicant fails to post the required security
within 60 days of approval of the major filling and grading permit,
the approval shall be automatically rescinded.
The Town Engineer, when required or requested by the Building
Inspector, shall inspect any site from which soil is to be filled,
graded, or moved and shall make such engineering studies as may be
required to determine the effect of the filling, moving, or grading
of soil from the location as it relates to soil erosion by water and
wind, surface and subsurface water drainage, soil fertility, lateral
support of abutting streets and lands, public health and safety and
any other factors as may bear upon or relate to the coordinated, adjusted
and harmonious physical development of the Town. He shall also inspect
the site to determine whether stakes have been placed on each corner
and whether grade stakes have been placed at the existing elevation
points designated on the topographical map.
In reviewing an application, the approving authority shall consider
the activities' effects on the following:
A.
Soil erosion by water and wind.
B.
Drainage.
C.
Lateral support, slopes, and grades of abutting streets and lands.
D.
The effect of flooding, and the impact on floodplain areas, if any.
E.
Whether the proposed soil movement, filling and/or grading will create
a nuisance or danger.
F.
The overall appearance of the subject property after moving of soils.
G.
The creation of sharp declivities, pits or depressions.
H.
Traffic congestion and the effect upon the roads within the Town.
I.
Danger to the environment or the general welfare from the presence
of hazardous materials.
J.
The effect that the proposed work would have on current and future
Town sanitary sewerage disposal systems.
K.
The effect on any Town-owned water supply or private well.
L.
Such other factors as may bear upon the general welfare of the Town
of Blooming Grove.
M.
The effect on Town infrastructure (storm drains and piping, culverts,
streams, water mains, sewer mains).
A.
The approving authority shall, within 62 days after the filing of
a complete application, approve, disapprove, or approve with modifications
the application for a filling and grading permit. The approving authority
may attach such conditions to said approval as it may deem necessary
to the particular application.
B.
Prior to the issuance of a major filling and grading permit, the
Town Planning Board shall hold a public hearing on five days'
notice. Notice of the hearing shall be posted at the Town Hall and
published in the official newspaper. Further, written notice of the
hearing shall be given five days prior thereto by the applicant at
the applicant's sole cost and expense to all adjoining property
owners and all other owners of property within 500 feet of the subject
property. The notice shall be sent by certified mail, return receipt
requested. At the time of the public hearing, the applicant shall
file proof of mailing of the notice of public hearing.
C.
In the event a public hearing is held, a decision shall be rendered
within 45 days after the date on which the public hearing is closed.
D.
Failure of the approving authority to act within the time specified
herein shall be deemed a denial of the application.
E.
Nothing herein contained shall prohibit the extension of the time
period to render a decision set forth herein by mutual consent of
the applicant and the approving authority.
F.
Expiration of approval. Any approval shall expire within 62 days
of the date of approval unless all conditions are met, and a filling
and grading permit is issued.
A.
Filing of appeal. Any person aggrieved by the determination of a
Town official, including but not limited to the Building Inspector
or Code Enforcement Officer, may, no more than 30 days after said
determination, appeal such determination to the Town Zoning Board
of Appeals.
B.
Any such appeal shall proceed under the provisions of law applicable
to the Zoning Board of Appeals.
A.
Contents of permit. The permit shall be in such form as may be prescribed
by the approving authority, signed by the Code Enforcement Officer,
and shall contain any special conditions set forth in the decision
of the approving authority.
B.
Duration of permit. The permit shall be dated as of the date it is
actually issued, and the term of the permit shall not exceed one year.
All permits shall automatically expire on the termination date unless
a request for renewal is submitted, in writing, to the approving authority
requesting an extension. No such extension shall exceed one year.
All excavation, filling, and grading of soil in the Town shall
be performed subject to the following conditions, regardless of whether
or not a permit is required:
A.
Unless otherwise approved by the Town, all boulders, tree stumps
and other debris shall be removed from the property.
B.
In dry weather, the person conducting such operation shall dampen
the ground where operations are conducted to prevent dust.
C.
No trucks used shall be loaded above the level of the sides of the
truck, to prevent spillage, and all streets shall be cleaned, at the
applicant's expense, each day, of any spillage or soil on such
streets resulting from truck operation.
D.
All truckloads shall be covered with tarpaulin and, if necessary,
treated by water or chemical to prevent flying dust.
E.
No trucks, machinery or any part of the operation shall be conducted
before 8:00 a.m. or after 5:00 p.m. on weekdays, before 9:00 a.m.
or after 5:00 p.m. on Saturdays, nor at any time on Sunday or federal
or state legal holidays.
F.
All vehicles engaged in such operations shall use as routes only
those Town streets which have been approved by the Planning Board,
Zoning Board of Appeals, Town Board and/or Town Engineer as part of
the application approval.
G.
The entire area covered by the work shall be maintained and left
in such a manner as not to create or maintain a nuisance or condition
hazardous to life and limb or to the health or general welfare of
the inhabitants of the Town of Blooming Grove.
H.
All excavation and other mandatory ground cover work proposed in
the application and map, including restoration of property to final
grades and subsequent seeding, must be completed within one year from
the date of the permit.
I.
No more soil shall be removed than is reasonably necessary for the
development and use of the land.
J.
No soil, filling, or grading shall be allowed which shall cause damage
to adjacent properties or detrimentally affect the values of adjacent
properties.
K.
The operation must be conducted in a phased fashion so that one sector
of the tract is minded and covered with planting prior to the commencement
of filling, grading, and operations in another sector of the tract.
L.
The Town Engineer or other authorized representative of the Town
shall be permitted to inspect the seeding and planting and general
conduct of the operation to assure that the same is being conducted
in a manner that shall assure the satisfactory control of erosion
and that it is being conducted in full accordance with the remainder
of this chapter.
M.
Excavation shall not be below the grade levels shown in the approved
topographical map.
A.
Whenever any developer or excavator shall move topsoil in or on any
lot, provision shall be made for the storage of the topsoil within
the boundary lines of the lot.
B.
Except as provided, all of the topsoil so stored shall be uniformly
replaced over the entire area or surface of the lot on or before the
completion date set forth in the soil permit, so that the final grade
or grades of replaced topsoil shall be in accordance with the proposed
final grades shown on the topographical map.
C.
No developer or excavator shall remove to any point beyond the boundary
lines of the lot any topsoil whatsoever unless and until topsoil not
inferior in quality to that to be removed shall first have been replaced
uniformly to a depth of not less than six inches, measured from the
proposed final grades as shown on the topographical map, over the
entire surface or area of the lot, excepting only such portions thereof
as shall be or shall have become, since the date of filing of the
topographical map, permanently covered by a building or structure,
street pavement, curb, sidewalk, driveway or other paved area or by
any body of water or waterway. In no event shall the developer or
excavator remove from the lot more topsoil than that comprising the
surplus or excess remaining after the replacement of the topsoil.
No developer or excavator shall, at any time in the course of
the work, dig or excavate more than six inches below the proposed
final grades as shown on the topographical map, unless:
A.
The permit specifies otherwise and the performance bond makes specific
provision for replacement, on or before the completion date, of soil
of sufficient quantity and kind to restore the final grades to those
shown on the topographical map.
B.
After issuance of the permit, the developer or excavator, before
digging or excavating below the minimum level, shall apply to the
approving authority and be granted an amendment of the application
and topographical map then in effect, which amendment may be granted
upon such terms as the approving authority may deem necessary to assure
adherence to the purpose and objectives of this chapter.
No developer or excavator shall deposit soil upon, fill in or
raise the grade of any lot without first making provision for:
A.
The use in the work of soil or such other materials as will not result
in deviation from the proposed final grades or the uniformity thereof
by reason of abnormal shrinkage or settlement.
B.
The collection and storage upon the lot of the original topsoil,
to the end that the topsoil shall not be buried beneath soil or other
material of inferior quality, and the uniform replacement of the topsoil
so stored over the entire area or surface of the fill soil or other
material so that the final grade or grades of the replaced topsoil
shall be in accordance with the proposed final grades shown on the
topographical map. In the event that such provision is not practicable,
provision shall be made for the uniform placement over the entire
area or surface of the fill soil or other material, excepting only
such portions thereof as shall be or shall have become permanently
covered by a building or structure, street, pavement, curb, sidewalk,
driveway or other paved area or by any body of water or waterway,
of a layer of topsoil not inferior in quality to that of the original
topsoil, to a depth of not less than six inches, measured from the
proposed final grades as shown on the topographical map.
For the purpose of administering and enforcing this chapter,
any duly authorized enforcement officer, agent or employee of the
Town shall have the right to enter into or upon any lands in or upon
which soil-moving operations are being conducted to examine and inspect
such lands.
When, in the judgment of the approving authority and/or the
Building Inspector, the filling, moving and grading of soil causes
a serious emergent and continued impediment to the passage of public
traffic or endangerment to the public health, safety or welfare, the
approving authority and/or the Building Inspector may temporarily
halt such operation until the emergent danger to the public's
health, safety or welfare is abated.
A.
Any activities in violation of this chapter shall be deemed a public
nuisance.
B.
Liability for violations.
(1)
Civil liability. A person who violates any of the provisions of this
chapter or terms of any permit issued hereunder or who fails to perform
any duty imposed by this chapter shall be liable to a penalty not
to exceed $1,000 per day of such violation and, in addition, such
person may be ordered to abate such violation. Violation of a permit
condition shall constitute grounds for abatement and for revocation
of such permit.
(2)
Criminal liability. Any person who, having any of the culpable mental
states defined in § 15.05 of the New York State Penal Law,
violates any of the provisions of this chapter or terms of any permit
issued hereunder or who fails to perform any duty imposed by this
chapter shall be guilty of a violation and, upon conviction thereof,
shall be punished by a fine of not less than $2,500 nor more than
$5,000 per day of violation. If the conviction is for an offense committed
after a first conviction of such person under this subsection, punishment
shall be by a fine of not more than $8,000 per day of violation, or
by imprisonment for not more than 10 days, or by both.
(3)
In addition to or in lieu of the above penalties, the Town may enter
upon the premises and correct the conditions caused by the violation
of any provision of this chapter or permit issued hereunder. In such
event, the property owner shall reimburse the Town in an amount equal
to the actual costs incurred in correcting said conditions, which
amount includes, but is not limited to, administrative, legal and
engineering costs incurred as a result of said violation.
C.
Notice of violation; service.
(1)
Wherever the Code Enforcement Officer determines that a violation
exists, a notice of violation shall be issued. Such notice shall state
the nature of the violation; the provision or term violated; and a
reasonable time to abate such violation. Nothing herein shall be construed
so as to prevent the Town from requiring the immediate abatement of
a violation. The time to remedy shall be measured from the date the
Town determines a violation may exist.
(2)
A notice of violation shall be served upon a person of suitable age
and discretion either residing or employed at the premises where the
violation exists; or by service by certified mail upon the owner indicated
on the current tax role of the Town to the address indicated therein
and by posting a copy of the notice at the premises where the violation
exists.
