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.
A. 
Authority. The Superintendent is authorized to issue a stop-work order to halt any of the following work:
(1) 
Any work that is determined by the Superintendent to be contrary to any applicable provision of this chapter; or
(2) 
Any work that is determined by the Superintendent to be dangerous or unsafe.
B. 
Content. The stop-work order shall:
(1) 
Be in writing; and
(2) 
Be dated and signed by the Superintendent; and
(3) 
State the reason or reasons for issuance; and
(4) 
If applicable, state the conditions which must be satisfied before the work is permitted to resume.
C. 
Method of service. The Superintendent shall cause the stop-work order, or a copy thereof, to be served to the owner of the affected property personally or by certified mail. The Superintendent shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, 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.
D. 
Imminent danger. Where an imminent danger exists, the Superintendent shall not be required to give a written stop-work order prior to stopping the work. However, this written order shall be issued within a reasonable amount of time but no greater than five business days from the Superintendent's order to stop the work.
E. 
Effect of order. Upon issuance of a stop-work order, the owner of the affected property and any other person performing, taking part in, or assisting in the work shall immediately cease all work which is the subject of the stop-work order, other than work expressly authorized by the Superintendent to correct the reason for issuing the stop-work order.
F. 
Unlawful continuance. 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 subject to penalties as prescribed in this chapter.
G. 
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty prescribed in this chapter or any other applicable law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
An order to remedy shall be in accordance with all the following:
A. 
Be in writing.
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.
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 $250 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, as currently in effect and as hereafter amended from time to time, 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 equipment, land, sign, structure and/or system 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 Superintendent or his/her designate.