It shall be unlawful for any land,
structure and/or use to be in violation of this chapter or fail in
any manner to comply with any notice, directive, or order of the Superintendent.
Any condition caused or permitted
to exist in violation of any provision of this chapter shall be deemed
a public nuisance and shall be abated as such by the owner pursuant
to law.
An order to remedy shall be in accordance
with all the following:
B. Include a description of the real estate
sufficient for identification.
C. Include a statement of the violation or
violations and why the notice is being issued.
D. Include a correction order allowing a reasonable
time to take the necessary actions to comply with this chapter.
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.
An order to remedy shall be deemed
to be properly served if a copy thereof is:
A. Delivered to the owner personally; or
B. Sent by certified mail addressed to the
owner at the last-known address with the return receipt requested;
or
C. If the order is returned showing that the
letter was not delivered, a copy thereof shall be posted in a conspicuous
place in or about the structure affected by such notice.
An order to remedy 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 order pertains.
The malicious, willful, or negligent
breaking, damaging, destruction, uncovering, defacing or tampering
with any structure, appurtenance or equipment which is part of this
sewage works shall be a violation of this chapter, and any person
violating this section shall be subject to the fines herein provided
and shall be liable for any damage or loss suffered by the district
or Town.
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 provision of this chapter, or any term or condition
of any notice or order issued by the Superintendent pursuant to any
provision of this chapter. No action or proceeding described in this
subsection shall commence without the appropriate authorization from
the Town Board.
If the order to remedy is not complied
within the period of time prescribed within such notice, the Superintendent
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 removal or termination
of the unlawful structure and/or use in violation of the provisions
of this chapter or of the order or direction made pursuant thereto.