A. General. The Code Enforcement Officer is
hereby authorized and directed to administer and enforce the provisions
of this chapter that is assigned to such officer by the KWIC Policy
and Procedures Manual.
B. Powers and duties. The Code Enforcement
Officer shall have the powers and duties assigned to him or her to
administer and enforce the provisions of this chapter as prescribed
in the Code of the Town and the KWIC Policies and Procedures Manual.
C. Approved agencies.
(1) The Code Enforcement Officer shall have
the authority to accept reports of application reviews, tests or inspections
conducted by approved agencies that document compliance with this
chapter and any other applicable law. Such reports shall be in writing
and be certified by a responsible officer of such approved agency
or by the responsible individual. The Code Enforcement Officer is
authorized to engage such expert opinion as deemed necessary to document
compliance with this chapter or any other applicable law.
(2) Report of findings. Upon completion of
the inspection, the approved agency shall document all procedures
and furnish the Code Enforcement Officer with a report of findings.
D. Technical assistance. To determine the
acceptability of technologies, processes, products, facilities, materials
and uses attending the design, operation or use of an OWTS or OWTS
subject to inspection, the Code Enforcement Officer is authorized
to require the owner or agent to provide, without charge to the Town,
a technical opinion and report. The opinion and report shall be prepared
by a registered design professional, qualified laboratory or other
approved agency that shall analyze the design, operation or use of
an OWTS and appurtenances situated thereon, and to recommend necessary
changes. The Code Enforcement Officer is authorized to require design
submittals to be prepared by, and bear the signature and stamp of
a registered design professional.
E. Identification. The Code Enforcement Officer
shall carry proper identification when inspecting OWTS in the performance
of his or her duties as prescribed by this chapter.
F. Right of entry. Whenever it is necessary
to make an inspection to enforce the provisions of this chapter, or
whenever the Code Enforcement Officer has reasonable cause to believe
that there exists an OWTS that has conditions or violations of this
chapter or any other applicable law which make such system unsafe,
dangerous or hazardous, such officer shall have the authority to enter
the lot of record at all reasonable times to inspect or to perform
the duties imposed upon such officer by this chapter. If such lot
of record is occupied, the Code Enforcement Officer shall present
credentials to the occupant and request permission to inspect the
OWTS. If such lot is unoccupied, the Code Enforcement Officer shall
first make a reasonable effort to locate the owner or other person
having charge or control of the lot of record and request entry. If
entry is not granted, the Code Enforcement Officer has recourse to
every remedy provided by law to secure entry.
G. Records. The Code Enforcement Officer shall
keep official records of applications received, permits and certificates
issued, fees collected, reports of inspections, complaints received,
and notices and orders issued. Such records shall be retained in the
official records for the period required for retention of public records.
A. The Watershed Manager is hereby authorized
and directed to administer and enforce the provisions of this chapter
that is assigned to such manager by the KWIC Policy and Procedures
Manual.
B. Powers and duties. The Watershed Manager
shall have the powers and duties assigned to him or her to administer
and enforce the provisions of this chapter as prescribed in the KWIC
Policies and Procedures Manual.
C. Approved agencies.
(1) The Watershed Manager shall have the authority
to accept reports of application reviews, tests or inspections conducted
by approved agencies that document compliance with this chapter and
any other applicable law. Such reports shall be in writing and be
certified by a responsible officer of such approved agency or by the
responsible individual. The Watershed Manager is authorized to engage
such expert opinion as deemed necessary to document compliance with
this chapter or any other applicable law.
(2) Report of findings. Upon completion of
the inspection, the approved agency shall document all procedures
and furnish the Watershed Manager with a report of findings.
D. Technical assistance. To determine the
acceptability of technologies, processes, products, facilities, materials
and uses attending the design, operation or use of an OWTS or OWTS
subject to inspection, the Watershed Manager is authorized to require
the owner or agent to provide, without charge to the Town, a technical
opinion and report. The opinion and report shall be prepared by a
registered design professional, qualified laboratory or other approved
agency that shall analyze the design, operation or use of an OWTS
and appurtenances situated thereon, and to recommend necessary changes.
The Watershed Manager is authorized to require design submittals to
be prepared by, and bear the signature and stamp of a registered design
professional.
E. Identification. The Watershed Manager shall
carry proper identification when inspecting OWTS in the performance
of his or her duties as prescribed by this chapter.
F. Right of entry. Whenever it is necessary
to make an inspection to enforce the provisions of this chapter, or
whenever the Watershed Manager has reasonable cause to believe that
there exists an OWTS that has conditions or violations of this chapter
or any other applicable law which make such system unsafe, dangerous
or hazardous, such manager shall have the authority to enter the lot
of record at all reasonable times to inspect or to perform the duties
imposed upon such manager by this chapter. If such lot of record is
occupied, the Watershed Manager shall present credentials to the occupant
and request permission to inspect the OWTS. If such lot is unoccupied,
the Watershed Manager shall first make a reasonable effort to locate
the owner or other person having charge or control of the lot of record
and request entry. If entry is not granted, the Watershed Manager
has recourse to every remedy provided by law to secure entry.
G. Records. The Watershed Manager shall keep
official records of applications received, permits and certificates
issued, fees collected, reports of inspections, complaints received,
and notices and orders issued. Such records shall be retained in the
official records for the period required for retention of public records.
A. The Watershed Inspector is hereby authorized
and directed to administer and enforce the provisions of this chapter
that is assigned to such inspector by the KWIC Policy and Procedures
Manual.
B. Powers and duties. The Watershed Inspector
shall have the powers and duties assigned to him or her to administer
and enforce the provisions of this chapter as prescribed in the KWIC
Policies and Procedures Manual.
C. Approved agencies.
(1) The Watershed Inspector shall have the
authority to accept reports of application reviews, tests or inspections
conducted by approved agencies that document compliance with this
chapter and any other applicable law. Such reports shall be in writing
and be certified by a responsible officer of such approved agency
or by the responsible individual. The Watershed Inspector is authorized
to engage such expert opinion as deemed necessary to document compliance
with this chapter or any other applicable law.
(2) Report of findings. Upon completion of
the inspection, the approved agency shall document all procedures
and furnish the Watershed Inspector with a report of findings.
D. Technical assistance. To determine the
acceptability of technologies, processes, products, facilities, materials
and uses attending the design, operation or use of an OWTS or OWTS
subject to inspection, the Watershed Inspector is authorized to require
the owner or agent to provide, without charge to the Town, a technical
opinion and report. The opinion and report shall be prepared by a
registered design professional, qualified laboratory or other approved
agency that shall analyze the design, operation or use of an OWTS
and appurtenances situated thereon, and to recommend necessary changes.
The Watershed Inspector is authorized to require design submittals
to be prepared by, and bear the signature and stamp of a registered
design professional.
E. Identification. The Watershed Inspector
shall carry proper identification when inspecting OWTS in the performance
of his or her duties as prescribed by this chapter.
F. Right of entry. Whenever it is necessary
to make an inspection to enforce the provisions of this chapter, or
whenever the Watershed Inspector has reasonable cause to believe that
there exists an OWTS that has conditions or violations of this chapter
or any other applicable law which make such system unsafe, dangerous
or hazardous, such inspector shall have the authority to enter the
lot of record at all reasonable times to inspect or to perform the
duties imposed upon such inspector by this chapter. If such lot of
record is occupied, the Watershed Inspector shall present credentials
to the occupant and request permission to inspect the OWTS. If such
lot is unoccupied, the Watershed Inspector shall first make a reasonable
effort to locate the owner or other person having charge or control
of the lot of record and request entry. If entry is not granted, the
Watershed Inspector has recourse to every remedy provided by law to
secure entry.
G. Records. The Watershed Inspector shall
keep official records of applications received, permits and certificates
issued, fees collected, reports of inspections, complaints received,
and notices and orders issued. Such records shall be retained in the
official records for the period required for retention of public records.
The Watershed Manager shall submit
to the Town Board a written annual report and summary of all business
conducted, including a report and summary of all transactions and
activities described in this chapter.
Whenever the Watershed Manager or
Watershed Inspector finds any work is being performed in a manner
either contrary to the provisions of this chapter or any other applicable
law, or is dangerous or unsafe, such manager or inspector is authorized
to issue a stop-work order.
The stop-work order shall be in writing
and shall be given to the owner involved, or to the agent, or to the
person doing the work. Upon issuance of a stop-work order, the cited
work shall immediately cease. The stop-work order shall state the
reason for the order, and the conditions under which the cited work
will be permitted to resume.
The Watershed Manager or Watershed
Inspector shall cause the stop-work order, or a copy thereof, to be
served on the owner of the affected OWTS personally or by certified
mail. Such manager or inspector shall be permitted, but not required,
to cause the stop-work order, or a copy thereof, to be served on any
builder, tenant, contractor, subcontractor, construction superintendent,
registered design professional or their agents, or any other person
taking part or assisting in work affected by the stop-work order,
personally or by certified mail; provided, however, that failure to
serve any person mentioned in this sentence shall not affect the efficacy
of the stop-work order.
Where an imminent danger exists,
the Watershed Manager or Watershed Inspector shall not be required
to give a written notice prior to stopping the work.
Any person who shall continue any
work after having been served with a stop-work order, except such
work as that person is directed to perform to remove a violation or
unsafe condition, shall be culpable of a violation of this chapter.
It shall be unlawful for any owner
to abandon, alter, install, relocate, replace or use an OWTS or portion
thereof in violation of any applicable provision of this chapter or
other law, or fail in any manner to comply with any notice, directive
or order of the Code Enforcement Officer, Watershed Manager or Watershed
Inspector.
Any condition caused or permitted
to exist in violation of any applicable provision of this chapter
or other law shall be deemed a public nuisance and shall be abated
as such by the owner in accordance with any applicable provision of
this chapter or any other law.
The Code Enforcement Officer shall
issue a notice of violation upon receipt of a written request by the
Watershed Manager to issue a notice of violation against an owner
for failing to comply with any applicable provision of this chapter
or other law. Such request shall include a supporting deposition if
the Code Enforcement Officer did not observe the violation(s), photographs
and documentary evidence, and a statement identifying the section(s)
of law determined to be violated by such owner. The Code Enforcement
Officer has the right to have the Town Attorney review such request
and documents prior to issuing a notice of violation to ensure compliance
with any applicable law. A notice of violation shall be prepared in
accordance with all of the following:
B. Include a description of the real property
sufficient for identification.
C. Include a statement of the violation(s)
and why the notice is being issued.
D. Include an order to remedy allowing a reasonable
time for the owner to take the necessary actions required to bring
any OWTS into compliance with any applicable provision of this chapter
or other law.
E. Inform the owner of the right to appeal.
F. Include a statement of any applicable penalties
and the right to file a lien in accordance with this chapter.
A notice of violation shall be deemed
to be properly served if a copy thereof is:
A. Delivered to the owner personally;
B. Sent by certified mail addressed to the
owner at the address prescribed in the records of the Town Assessor
with the return receipt requested; or
C. If the notice is returned showing that
the letter was not delivered, a copy thereof shall be posted in a
conspicuous place in or about the real property affected by such notice.
A notice of violation issued or served
as provided by this article shall be complied with by the owner, operator,
occupant and other person responsible for the condition or violation
to which the notice of violation pertains.
The Code Enforcement Officer, Watershed
Manager and/or Watershed Inspector has the authority to enter into
a written voluntary compliance agreement with the owner in order to
gain voluntary compliance in correcting a confirmed violation. The
agreement shall include time limits for compliance and shall be binding
on the owner. Such officer, manager and/or inspector shall abate further
processing of the alleged violation during the time allowed in the
voluntary compliance agreement for the completion of the necessary
corrective action. The Code Enforcement Officer, Watershed Manager
and/or Watershed Inspector shall take no further action concerning
the alleged violation if all terms of the voluntary compliance agreement
are satisfied, other than steps necessary to terminate the waiver.
The failure to comply with any term of the voluntary compliance agreement
constitutes a separate violation and shall be handled in accordance
with the procedures established by this chapter, except no further
notice after the voluntary compliance agreement has been signed need
be given before the such officer, manager and/or inspector may also
proceed on the alleged violation that gave rise to the voluntary compliance
agreement.
An action or proceeding may be instituted
in the name of this Town, in a court of competent jurisdiction, to
prevent, restrain, enjoin, correct, or abate any violation of, or
to enforce, any applicable provision of this chapter or other law,
or a notice or order issued by the Code Enforcement Officer, Watershed
Manager or Watershed Inspector pursuant to the applicable provision
of this chapter. In particular, but not by way of limitation, where
the violation of any applicable provision of this chapter or other
law, or a notice or order issued by such officer, manager and/or inspector
pursuant to the applicable provision of this chapter, an action or
proceeding may be commenced in the name of this Town, in the Supreme
Court or in any other court having the requisite jurisdiction, to
obtain an order directing the abandonment or termination of use of
an OWTS or an abatement of the condition in violation of such provisions.
No action or proceeding described in this subsection shall be commenced
without the appropriate authorization from the Town Board.
If the notice of violation is not
complied within the period of time prescribed within such notice,
the Code Enforcement Officer is authorized to request the Town Board
to authorize the Town Attorney to institute the appropriate proceeding
at law or in equity to restrain, correct or abate such violation,
or to require the abandonment or termination of use of an OWTS in
violation of the provisions of this chapter or of the notice or order
made pursuant thereto.
A. Civil penalty. Any person who undertakes
any action regulated by this chapter, or who violates, disobeys or
disregards any provision of this chapter, shall be liable to the Town
for civil penalty not to exceed $300 per day for every such violation.
Each offense shall be a separate and distinct offense, and, in the
case of a continuing offense, each day's continuance thereof shall
be deemed a separate and distinct offense. The civil penalties provided
by this subsection shall be recoverable in an action instituted in
the name of this Town.
B. Criminal penalty. Any violation of any
part of this chapter shall constitute a "violation" as defined in
the Penal Law of NYS, and shall be punishable by a fine not to exceed
$250, or 15 days' imprisonment, or both such fine and/or imprisonment.
Each offense shall be a separate and distinct offense, and, in the
case of a continuing offense, each day's continuance thereof shall
be deemed a separate and distinct offense. The criminal penalties
provided by this subsection shall be recoverable in an action instituted
in the name of this Town.
C. Restoration. A court of competent jurisdiction
may order or direct a violator to restore the affected land to its
condition prior to the offense, insofar as that is possible. The court
shall specify a reasonable time for the completion of such restoration,
which shall be effected under the supervision of the AHJ, Code Enforcement
Officer or his/her designate.
D. In the event that the Town is required
to refer for collection any outstanding administrative cost and/or
professional fees (including, but not limited to, engineering, attorneys',
and surveying fees) for any reimbursement, the owner shall, in addition
to the reimbursements, be obligated to pay a reasonable attorneys'
fee and costs incident to any action commenced by the Town to collect
such fees. Reasonable attorneys' fees shall also include any disbursements
that may result from the commencement of litigation. Any owner shall
be deemed to be in default of their obligation of fee reimbursement
for their failure to remit said reimbursements within 30 days of notice
to pay. Likewise, if the Town commences an action alleging the violation
of this chapter and the court finds in the Town's favor, the violator
shall be liable for all expenses, including reasonable attorneys'
fees and costs, incurred to prosecute the violation.
No remedy or penalty specified in
this section shall be the exclusive remedy or penalty available to
address any violation described in this article, and each remedy or
penalty specified in this article shall be in addition to, and not
in substitution for or limitation of, the other remedies or penalties
specified in this article, in any other section of this chapter, or
in any other applicable law. Any remedy or penalty specified in this
article may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any other remedy or penalty specified
in this article, in any other section of this chapter, or in any other
applicable law.
No inspection shall be conducted
or permit issued pursuant to this chapter until all applicable fees
and incurred costs have been paid.
Fees in the amounts set forth in
a fee schedule established from time to time by resolution of the
Town Board shall be submitted with the application.
A. In addition to the fees required in this
section, the owner shall reimburse the Town for the cost of professional
consultation fees and other expenditures attributable to any application
or inspection. The Town may also require the owner to deposit a lump
sum in order to retain such consultants. In the event that such sum
is insufficient to fund the necessary consulting services, the Town
may require additional deposits. Such payment(s) shall:
(1) Be deposited with the Town Clerk who shall
establish a line item for this purpose. Expenditures from this line
item may be made at the direction of the Town Clerk without further
appropriation.
(2) Pay only for the expenditures rendered
in connection with the work for which an application has been submitted
or inspection requested by the owner.
(3) At the completion of the proposed action,
any excess amount in the line item attributable to an application
or inspection shall be repaid to the owner. A final report of said
line item shall be made available to the owner by the Town Clerk if
requested.
(4) The Town reserves the right to refuse the
issuance of any certificate and/or permit until payment has been received
by the Town Clerk for all expenditures in connection with the work
for which an application has been submitted or inspection requested
by the owner.
Any payment of a fee or incurred
cost to this Town is not refundable regardless of whether or not an
inspection has been conducted or a permit has been issued pursuant
to this chapter.
The failure of the owner to pay any
fee, penalty or expense incurred by the Town in connection with the
enforcement and administration of this chapter shall be assessed against
the land subject to any action prescribed within this chapter and
shall be levied and collected in the same manner as provided in the
Town Law of NYS for the levy and collection of Town taxes or special
ad valorem levies.
A. Any person directly affected by an order, requirement, decision, interpretation, or determination of the Milo Code Enforcement Officer, Watershed Manager, or Watershed Inspector, or a notice of such requirement, decision, interpretation, or determination issued by such officer, except those that pose an imminent risk to public health or safety, shall have the right to appeal to the Town of Milo Zoning Board of Appeals, pursuant to "Zoning Law of the Town of Milo" (Chapter
350, Zoning, Article
XV, Appeal), or its successor legislation. An appeal may be made by any aggrieved person and must be filed within 60 days of the order, requirement, decision, interpretation, or determination referred to above.
B. Limitations on authority. An application
for an appeal shall be based on a claim that the intent of this chapter
or the rules legally adopted herein has been incorrectly interpreted,
the provisions of this chapter do not fully apply, or an equivalent
method of construction, which such method shall be prepared by, and
bear the signature and seal of a registered design professional, is
proposed. The Zoning Board of Appeals of the Town shall have no authority
to waive any standard prescribed by law (e.g., Appendix 75-A of Title
10 Part 75 of NYCRR).
Appeals of a determination, notice
and/or order by the Code Enforcement Officer, Watershed Manager or
Watershed Inspector shall stay the enforcement of the determination,
notice and/or order until the appeal is heard and a final determination
made by the Zoning Board of Appeals of the Town.
The Zoning Board of Appeals of the
Town has the right to have an application for an appeal reviewed by
the Town Engineer and request such engineer to provide a written recommendation(s)
prior to making any determination on such application.
A request for a variance from any
provision of a NYS or federal law shall be processed pursuant to such
law.
The owner shall have the right to
apply for a variance from a provision of this chapter, which is not
prescribed in any other law, to the Zoning Board of Appeals of the
Town pursuant to Zoning Law.
The Zoning Board of Appeals of the
Town has the right to have an application for a variance reviewed
by the Town Engineer and request such engineer to provide a written
recommendation(s) prior to making any determination on such application.
A. The Zoning Board of Appeals of the Town
shall consider the following criteria in lieu of the criteria prescribed
in the Zoning Law and make applicable findings regarding:
(1) Whether the variance being requested by
the owner is in harmony with the purpose and intent of this chapter;
and
(2) Whether a substantial change will be produced
in the general condition of the water quality or a substantial risk
to groundwater quality or quantity will be created by the granting
of the variance; and
(3) Whether the hardship or difficulty can
be alleviated by some other method that is feasible for the owner
to pursue; and
(4) Whether the variance requested is the minimum
variance necessary to afford relief; and
(5) Whether the hardship or difficulty has
been created by the owner.
B. A negative finding(s) in any one of the
criterion prescribed herein does not necessarily mandate denial of
an application for a variance by the Zoning Board of Appeals of the
Town.