Any owner or applicant found to be violating any provision of
this chapter shall be served by the Town with written notice stating
the nature of the violation and providing a thirty-day-or-less time
limit for the satisfactory correction thereof. The offender shall,
within the period of time stated in such notice, permanently cease
all violations.
Any applicant who fails to comply with the provisions of this
chapter, other than those provisions pertaining to the payment of
charges for services established herein, shall be guilty of a violation
punishable by a fine not exceeding $250 for each offense. The continued
violation of any provision of any section of this chapter, other than
those pertaining to the payment of charge for services established
herein, shall constitute a separate offense for each and every day
such violation of any provision hereof shall continue. Intentional
damage to the waterworks system or theft of water shall be punishable
under the Penal Law of the State of New York.
Upon violation of any section within this chapter, the Town
Board, in addition to other remedies, may institute any appropriate
action or special proceeding, including an injunction to prevent the
occupancy of any building, structure or land where said violations
of this chapter are found.
Any applicant or owner violating any of the provisions of this
chapter shall become liable to the Town by reason of such violation
and shall also be liable for all costs and Department and/or Town
expenses associated with the repair of the damage and for any fines
imposed as a result of such violation.
The Town Board's opinion shall be controlling in the event
that differences between a Department and an owner or applicant exist
on matters concerning interpretation and execution of the provisions
of this chapter.
Any applicant or owner who knowingly makes or supplies any false
statements, representation, records, reports, plans or other documentation
filed with the Town required under this chapter shall be punishable
in accordance with the Penal Law.
The Town is also authorized to issue an order to cease and desist
and direct those persons not complying with such prohibitions, limits,
requirements, or provisions of this chapter to comply forthwith or
comply in accordance with a time schedule set forth by the Town, or
the appropriate remedial or preventative action in the event of a
threatened violation.
If any conditions of a permit or of this chapter are not strictly
adhered to, the permit may be revoked.
Chapter
132 of the Town of Ballston Code is hereby repealed and replaced with this chapter.
This chapter shall take effect immediately upon being filed in the office of the Secretary of State in accordance with the provisions of §
132-27 of the Municipal