The Village requires any person undertaking land development
activities regulated by this chapter to reimburse the Village for
costs of review of SWPPPs, inspections, or SMP maintenance performed
by the Village or performed by a third party for the Village.
Any person or entity receiving a notice of violation with respect to any provision of Articles
I through
V of this chapter may appeal same within seven calendar days of the date of issuance of such notice, by submitting a written notice of appeal to the Board of Trustees. The appealing party shall be entitled to a hearing before the Board of Trustees or such other officer or employee or board of the Village designated by the Board of Trustees to conduct such hearing. The Board of Trustees or its designee shall consider such appeal within 30 days after the Village receives such notice of appeal, and shall render a decision with respect to such appeal within five business days after the close of the hearing conducted with respect to such appeal. A written decision shall be mailed to the appellant by the Village. At the hearing, the appellant shall have the right to present testimony and evidence relevant to the matter.
If the SMO or his or her designees are refused access to premises at which a violation of Articles
I through
V of this chapter is suspected, the SMO, the Building Inspector or the Village Clerk, upon recommendation of the SMO, may seek a municipal search warrant in the Village Justice Court or other court of competent jurisdiction, for authority to enter upon such premises to determine whether a violation of Articles
I through
V of this chapter is occurring or is reasonably likely to occur if immediate action is not taken. Upon any determination that a violation has occurred, exists, or is reasonably likely to occur if immediate action is not taken, the Village may seek a court order permitting the Village to take any and all measures reasonably necessary to abate the violation and/or to prevent the violation from occurring or continuing, and/or to restore the premises. The cost of implementing and maintaining such measures shall be the sole responsibility, jointly and severally, of the property owner, the developer and the applicant, if any. In any such action, the Village shall be entitled to its legal costs and expenses, including the fees of attorneys and witnesses, as may be awarded by the court, and, if such fees, costs and expenses are not paid to the Village within 30 days of demand therefore, such fees, costs and expenses shall become a lien upon the premises in, on or upon which such violation has occurred and shall be collected in the same manner as Village property taxes are collected.
In addition to the enforcement processes and penalties provided under Articles
I through
V of this chapter, any condition caused or permitted to exist in violation of any provision of Articles
I through
V of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
The remedies listed in Articles
I through
V of this chapter are not exclusive of any other remedies available under any applicable federal, state, or local law, rule or regulation, and it is within the discretion of the Village to seek cumulative remedies.