[Adopted 12-11-2007 by L.L. No. 3-2007]
This article is enacted pursuant to Chapter 62 of the Consolidated Laws of New York, Article 12, § 198, as well as the applicable provisions of the Municipal Home Rule Law.
This article shall be known and may be cited as the "Hamlet Wastewater Sewer District Sewer Use Local Law" and may be referred to by the short title "Hamlet Sewer District Law."
This article shall have jurisdiction over all private and public wastewater collection and treatment system components within the boundaries of the Hamlet Wastewater Sewer District established by resolution of the Town Board of the Town of Woodstock, New York, on September 29, 1980, or as amended thereafter, and to include jurisdiction over wastewater systems located outside the District that are connected to the collection and treatment system of the Hamlet Wastewater Sewer District.
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows. "May" is permissive; "shall" is mandatory.
- The Town Board of the Town of Woodstock, New York, or its authorized agent or representative.
- BIOCHEMICAL OXYGEN DEMAND (BOD)
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.
- BUILDING DRAIN
- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer beginning three feet outside the inner face of the building wall and does not include the perimeter.
- BUILDING SEWER
- The extension from the building drain to the septic tank.
- COMBINED SEWER
- A sewer intended to receive both wastewater and stormwater or surface water.
- The Civil Practice Law and Rules of the State of New York.
- The New York State Department of Environmental Conservation.
- The Woodstock, New York, Hamlet Wastewater Sewer District as established by resolution of the Woodstock Town Board on September 29, 1980, or as amended thereafter, and to include wastewater systems located outside the district that are connected to the collection and treatment system of the Hamlet Wastewater Sewer District.
- DWELLING UNIT
- A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit.
- An acquired legal right for a specific use of land owned by others.
- The United States Environmental Protection Agency.
- FLOATABLE OIL
- Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free from floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
- The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.
- INDUSTRIAL WASTES
- The wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.
- NATURAL OUTLET
- Any outlet, including storm sewers, discharging into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.
- State of New York Codes, Rules and Regulations.
- Any individual, firm, company, association, society, corporation, or group.
- The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight, in grams, of hydrogen ions per liter of solution. Neutral water, for example, has a pH value of seven and hydrogen ion concentration of 10-7.
- PROPERLY SHREDDED GARBAGE
- The waste from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 0.5 inch (1.27 centimeters) in any dimension.
- SANITARY SEWER
- A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial facilities, and institutions, together with minor quantities of groundwater, stormwater and surface water that are not admitted intentionally.
- The scum, sludge, and liquid which accumulate in and are periodically removed from septic tanks.
- SEPTIC TANK
- A watertight receptacle which receives the discharge of sewage from a building sewer or part thereof and is designed and constructed so as to permit settling of settleable solids from the liquid, entrapment of floatable oil, digestion of organic matter by detention, and discharge of the liquid portion into a septic tank effluent connection sewer.
- SEPTIC TANK EFFLUENT CONNECTION SEWER
- The extension from a septic tank to the public sewer or other place of disposal.
- The spent water of a community. The preferred term is "wastewater." See also "wastewater."
- Any discharge of water or wastewater which in concentration of any given constituent or quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
- State Pollutant Discharge Elimination System.
- STORM DRAIN
- Sometimes termed "storm sewer," a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
- The superintendent of the wastewater treatment works as designated by the Town Board, or his or her authorized deputy, agent, or representative.
- SUSPENDED SOLIDS
- The total suspended matter that either floats on the surface of or is in suspension in water, wastewater, or other liquids and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater, latest edition, and referred to as "nonfilterable residue."
- TOWN BOARD
- The legally constituted Town Board of the Town of Woodstock, Ulster County, New York.
- UNPOLLUTED WATER
- Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
- Conditions adverse to good health or conducive to the spread of infection or disease.
- The liquid and water-carried wastes from residences, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water, and stormwater that may be present.
- WASTEWATER FACILITIES
- The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastewater and septage and dispose of the effluent.
- WASTEWATER TREATMENT WORKS
- An arrangement of devices and structures for treating wastewater, industrial wastes, septage, and sludge.
- A natural or artificial channel for the passage of water, either continuously or intermittently.
It shall be unlawful for any person to place, deposit, or permit to be deposited in any manner on public or private property within the District, or in any area under the jurisdiction of said District, any human or animal excrement, garbage, or waste. This section shall not be construed to prohibit or prevent the storage, use and/or spreading of manure, fertilizer, compost, or other similar materials for purposes of farming, gardening, or horticulture.
It shall be unlawful to discharge to any natural outlet within the District or in any area under the jurisdiction of said District any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this article.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.
The owner(s) of any structure which is a source of wastewater and which structure is situated within the District and abutting on any street, alley, or right-of-way in which there is installed a public sanitary sewer of the District is hereby required, at the expense of the owner(s), to connect building drains and sewers from all such structures to a septic tank, connected to a septic tank effluent collection sewer and the public sewer in accordance with the provisions of this article, within 90 days after date of official notice to do so, provided that said public sewer is within 100 feet of the property line.
Compliance. Where a public sanitary or combined sewer is not available under the provisions of § 245-25D of this article, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of Appendix 75-A of Title 10 of the NYCRR, Waste Treatment - Individual Household System, and all applicable county and local regulations or, if such provisions cannot be met, shall be connected to the District via an extension of the public sewer.
Availability of public sewer. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in Subsection A, a connection shall be made to a septic tank connected to a septic tank effluent collection sewer and to the public sewer in compliance with this article at the expense of the property owner(s), and any cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material. In the event that the Administrator deems that a property has a properly functioning septic tank, the owner(s) shall not be required to connect for a period of up to five years or unless there is a failure of the existing system.
No person(s) shall install, uncover, or make any connections with or opening into, alter, or disturb any septic tank, septic tank effluent connection sewer, public sewer or appurtenance thereof without first obtaining a written permit from the Administrator.
There shall be three classes of building sewer permits. In all cases, the owner(s) or his/her/their agent shall make application on a special form furnished by the Administrator. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the District. A schedule of permit and inspection fees shall be established by the Town Board, entered into Town Board minutes and made available for inspection at the Town Clerk's office for the following building sewer permits:
Use changes not resulting in an alteration of sewage lines and/or equipment.
Residential and commercial service requiring either alterations or additions to existing sewage lines and/or equipment.
Service to establishments having industrial waste. This class of service may require additional inspection and/or permits by either the Ulster County Department of Health (DOH) or the DEC.
All costs and expenses incidental to the installation and connection of the building sewer to the septic tank shall be borne by the owner(s). The owner(s) shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
For all structures connected to the wastewater collection system as of December 1, 1985, existing on or before the date of enactment of this article, all costs and expenses incidental to the installation and connection of the septic tank and septic tank effluent sewer shall be apportioned in accordance with § 245-31 of this article. For all structures not existing on or before the date of enactment of this article, or which are altered, modified, or added to subject to the permit requirements of Subsection A, all costs and expenses incidental to the installation, modification and/or connection of the septic tank and septic tank effluent connection sewer shall be borne by the owner(s). The owner(s) or his/her/their authorized agent shall prepare the design plans and specifications and shall install or arrange for the installation of the septic tank and/or connector line.
A separate and independent building sewer shall be provided for every building which is a source of wastewater, except where one building stands at the rear of another on an interior lot and no septic tank is available or can be constructed accessible from the rear building. In that case, the front building's sewers may be extended to that of the rear building and the whole considered as one building's sewer. The District does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Administrator, to meet all requirements of this article.
The size, slope, alignment, materials of construction for a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the State of New York and Town of Woodstock. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate sections of the Water Environment Federation Manual of Practice No. 9, Design and Construction of Sanitary and Storm Sewers, 1969, as amended, shall apply.
In all buildings in which any building drain is too low to permit gravity flow to the septic tank, sanitary sewage carried by such building drain shall be lifted by any means approved by the Administrator and discharged to the building sewer.
The applicant for the building sewer permit shall notify the Administrator seven working days prior to the date when the work will be ready for inspection and connection to the septic tank. The connection and testing shall be made under the supervision of the Administrator.
All excavations for building sewers shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Administrator.
No person(s) shall discharge or cause to be discharged any unpolluted water, such as but not limited to stormwater, roof runoff, subsurface draining, or cooling water, to any sanitary sewer. No combined sewers shall be permitted within the District.
Stormwater other than that exempted under this article and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Administrator and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the Administrator, to a storm sewer or natural outlet. Cooling water dischargers must apply for an SPDES permit and are subject to state and federal regulations.
No person(s) shall discharge or cause to be discharged, either directly or indirectly, any of the following described waters or wastes to any public sewers in accordance with Part 380.5 of the NYCRR:
Any liquids, solids, or gases which, by reason of their nature or quantity, are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the treatment works or to the operation of the treatment works. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides and any other substances which the Administrator has notified the use of is a fire hazard or a hazard to the system.
Any wastewater having a pH less than 5.0 or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the wastewater treatment works.
Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as, but not limited to, grease, unground garbage, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole animal blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, tar, asphalt residues, lubricating oil, mud, and glass grinding or polishing wastes.
Any substance that will cause the wastewater treatment works to violate its National Pollutant Discharge Elimination System and/or State Pollutant Discharge Elimination System (SPDES) permit or the receiving water quality standards.
Any wastewater with color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
Any slug load having a flow rate or containing concentrations or qualities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentration, quantities, or flow during normal operation. The release of any slug shall be reported to the Superintendent as soon as possible after the release has occurred.
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Administrator in compliance with applicable state or federal regulations.
Any wastewater that creates a public nuisance.
All recreational vehicles with sanitary facilities will discharge the holding tank at the treatment plant under the supervision of the plant operator. There will be no charge for Town of Woodstock residents of the Hamlet Wastewater Sewer District and a charge for all others. Fees may be determined annually.
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters or wastes contain the substances or possess the characteristics enumerated in Subsection C(3) and which, in the judgment of the Superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Administrator may:
Deny permission for deposition into the system;
Require pretreatment to an acceptable condition for discharge to the public sewers;
Require control over the quantities and rates of discharge; and/or
Require payment to cover added cost of handling and treating the wastes not covered by existing taxes or sewer charges.
Grease, oil and sand interceptors shall be provided and maintained by the owner(s) when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in Subsection C(3), or any flammable wastes, sand, or other harmful ingredients. All interceptors shall be of a type and capacity approved by the Administrator and shall be located so as to be readily and easily accessible for cleaning and inspection.
Where pretreatment, grease interceptors or flow-equalizing facilities are provided or required for any waters or wastes, the owner shall at his or her expense be required to have an approved, adequately sized, and properly operated and maintained pretreatment system, grease interceptor, or flow-equalizing facility and provide plans and specifications for equipment and facilities.
[Amended 10-1-2012 by L.L. No. 3-2012]
Maintenance. The owner shall submit a written operational plan for a grease interceptor maintenance schedule to be approved by the Administrator. All grease and oil interceptors, and flow-equalizing facilities shall be maintained with a minimum frequency as specified in the individual operational plan at the owner's expense in continuously efficient operation at all times. The operation plan may be amended by the Administrator to require more frequent maintenance if needed. The grease and oil interceptor shall be required to be pumped out when it is at 80% of its intended capacity and the contents disposed at a NYSDEC-approved disposal facility.
Inspection. All installations shall be readily accessible and open to inspection by the Administrator or his designee at any time. If during the time of inspection it is determined that the interceptor is at or above capacity, and not adequately performing its intended function, the owner of the facility will be given 72 hours from the time of the inspection to have a licensed contract hauler pump out and properly dispose of the contents. The owner shall then contact the Administrator for a reinspection. If the owner is found to be in noncompliance with these maintenance and inspection requirements, the Administrator shall notify the Building Inspector, who shall issue and serve an appearance ticket to the owner and pursue the remedies set forth in § 245-32 of this chapter.
Recordkeeping. The owner of each facility responsible for the installation and maintenance of grease and oil traps and interceptors shall maintain a pump-out log, which will include the proper recording of pump-out dates. It shall also include receipts indicating service dates and pump-out volumes from the hauler. This information shall be made available to the Administrator at the time of inspection.
When required by the Administrator, the owner(s) of any structure serviced by a building sewer carrying industrial wastes shall install a suitable structure, together with such necessary meters and other appurtenances, in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Administrator. The structure shall be installed by the owner(s) at his/her/their expense and shall be maintained by said owner(s) so as to be safe and accessible at all times to the Administrator.
The owner(s) of any structure serviced by a building sewer carrying industrial wastes may be required by the Administrator, at the owner(s)' sole expense, to install and maintain a facility which will reasonably and safely permit the observation, sampling and measurement of the wastes.
Interceptors shall be emptied on a regular schedule, determined on a case-by-case basis by the Superintendent, by a hauler licensed to dispose of this material, at the expense of the owner(s).
The Administrator shall require any person discharging industrial wastes to a public sewer to provide certified information needed to determine compliance with this article. These requirements may include:
Wastewater discharge peak rate and volume over a specified time period.
Chemical analyses of wastewater.
Information on raw materials, processes, and products affecting wastewater volume and quality.
Quantity and disposition of specific liquid, sludge, oil solvent, or other materials important to sewer use control.
A plot plan of sewers on the user's property showing sewers and pretreatment facility location.
Details of wastewater pretreatment facilities.
Details of systems to prevent and control the losses of materials through spills to the municipal sewers.
All measurement, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association. Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the Administrator.
The Administrator shall have the authority on behalf of the District to civilly or criminally prosecute anyone who damages District property.
Before entering a property, reasonable attempt shall be made to provide the owner with prior notification.
The Administrator or other duly authorized employees and officers are authorized to obtain information concerning industrial processes that have a direct bearing on the kind and source of discharge to the wastewater collection system. The composition of discharged wastewater shall not be considered confidential.
The District and other duly authorized employees, officers, or agents of the District, DEC or the EPA, bearing proper credentials and identification, shall be permitted to enter all private properties through which the District holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the fully negotiated easement pertaining to the private property involved. Easements providing access to all septic tanks and laterals and septic tank effluent sewers shall be required prior to connection to a public sewer.
All persons owning lands, buildings or structures connected to the wastewater collection and treatment system or situated within the boundaries of the Hamlet Sewer District shall pay to the District, at a time specified by the Administrator, such user charges and/or benefit unit charges as are established by the Town Board by resolution subsequent to public hearing upon at least five days' notice pursuant to the provisions of Town Law § 198, Subdivision 1(i), and General Municipal Law § 452.
The purpose of the user charges shall be to generate sufficient revenue to pay all costs for the operation and maintenance of the Hamlet Sewer District's complete wastewater collection and treatment system. All user costs shall be distributed to all users of the wastewater collection and treatment system in proportion to the wastewater contribution of each user to the total loading of the system, which shall be determined by the metered consumption of water.
The purpose of the benefit unit charge shall be to address the capital costs, capital improvements and/or capital repairs of the District. All capital costs shall be distributed to owners of property situated within the boundaries of the Hamlet Sewer District in proportion to the benefit accrued as determined by the schedule of benefit units detailed in § 245-35 of this article.
Users not situated within the boundaries of the Hamlet Sewer District shall be charged a user fee subject to approval by the Town Board but which will not be less than twice the user charge for users situate within the District.
Annual costs of operation and maintenance. The Administrator or its authorized agent shall determine the total annual costs of operation and maintenance of the system which are necessary to maintain the capacity and performance during the service life of the treatment works, for which such works were designed and constructed. The total annual cost of operation and maintenance shall include, but not be limited to, labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory tests, and a reasonable contingency fund.
Service charge and rate. The Administrator or its authorized agent shall determine each user's volume of wastewater discharged to the system during each billing period.
Average daily flow allocation.
Average daily flow allocation shall be calculated as provided in § 245-34 of this article. Type of facility, as per said section, shall be designated as of the effective date of this article.
In the event that average daily wastewater discharge flow over the course of a billing period exceeds the average daily flow allocation, the property shall be assessed a surcharge which shall be at a rate which is twice the rate established pursuant to the provisions of this section. Upon application, in the event of extraordinary circumstances beyond the reasonable control of the user, the Town Board may reduce or waive any surcharge assessed.
Whenever a surcharge is levied, notice shall be provided to the property owner(s) at the address on the latest completed assessment roll, which notice shall include the following information:
Excess capacity charge.
There shall be an excess capacity charge levied against a property whenever average daily flow shall exceed by 10% the average daily flow allocation for any three out of 10 consecutive billing periods.
The excess capacity charge shall be assessed at the rate of $10 for every gallon by which actual average daily flow exceeds average daily flow allocation for those billing periods during which there was excess use.
An example of how the excess capacity charge shall be computed follows: in an ordinary restaurant with an average daily flow allocation of 900 gallons per day, where actual average daily flow for three billing periods was 1,400 gallons per day, the excess capacity charge would be $10 times 500 gallons excess daily use, or $5,000.
Once the excess capacity charge has been paid, that property shall be entitled to a new average daily flow allocation as of the next billing period, which shall be equal to the average daily flow upon which the excess capacity charge was based.
User charge system review. The Town Board shall review the user charge and benefit unit charge system, including the total annual cost of operation and maintenance, as well as each user's average daily volume of wastewater discharged to the system, not less often than every two years and will revise the system, as necessary, to assure equity of the user charge system established herein, to reflect actual operation and maintenance costs of the system and actual waste load contributions, and to assure sufficient funds are obtained to adequately operate and maintain the wastewater collection and treatment system. If it is determined that excess revenue has been collected from a user, the excess revenues from that user shall be applied to the costs of operation and maintenance attributable to that user for the next year and the rate charged to such user shall be adjusted accordingly.
User charges shall be computed quarterly in conjunction with the quarterly Water District billing and shall be submitted to users as a separate user charge on the user's water bill. The benefit unit charge shall be levied annually and paid in accordance with the rules, laws and regulations pertaining to the payment of Town taxes.
Penalties for late payment or nonpayment. Payment of the user charge without penalty shall be made within 60 days of the date of the expiration of the billing period. For example, payment for the billing period of December, January and February shall be due no later than April 30. Penalties for late payment or nonpayment of user charges shall be assessed at the rate of 10% of the amount due. Unpaid service charges and such accrued penalties shall be fully paid by no later than November 10 of each year, or such amount shall be placed on the property owner(s)' tax bill.
Inconsistent agreements. The system of service charges contained in this article shall take precedence over any terms or conditions of agreements or contracts between the Town of Woodstock and users (including industrial users, special districts, other municipalities, or state and federal agencies or installations) which are inconsistent with § 204(b)(1)(A) of the Clean Water Act (33 U.S.C. § 1251 et seq., as amended), or 40 CFR Part 35, rules and regulations of the EPA.
Schedule of rates. The minimum charges for services performed by the Administrator or its authorized agent shall be established from time to time by the Town Board. The schedule of rates shall be entered into minutes of the Town Board and maintained in the Town Clerk's office.
Waiver. Upon investigation and written report of the Superintendent affirming his or her opinion that metered water escaping from burst or broken water pipes did not enter into the wastewater collection system, the Town Board may waive the user fee, but only to the extent that the user shall pay to the District a charge of no less than the current rate for the average usage during the five previous billing periods.
Any person found to be violating any provision of this article shall be served by the Administrator with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Any person who shall continue any violation beyond the time limit provided for in Subsection A above shall, on conviction thereof, be fined in an amount not exceeding $250 or imprisoned for not more than 15 days, or both, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
Any person violating any of the provisions of this article shall become liable to the District for any expense, loss, or damage occasioned to the District.
In the event that a violation of this article shall, in the opinion of the Town Board, constitute a public nuisance, the Town may take the following measures:
Provide personal notice of the offensive condition to the owner(s) thereof, by personal service as provided by the CPLR, or, where the owner(s) cannot be ascertained with a reasonable amount of effort, by publication or another form of substituted service; and
Provide the owner(s) with a reasonable amount of time within which to remove or abate the offensive condition. Upon the owner(s)' failure to remove or abate the condition within the prescribed time, the Town shall be authorized to do so and charge the reasonable costs thereof against the property rolls as a municipal lien or cause such costs to be added to the tax roll as an assessment or to be levied as a special tax against the property or to be recovered in a suit at law against the owner(s).
Those properties which are now divided by the District boundary line shall be considered to be wholly served by the District.
Enactment of this article shall repeal and supersede Local Law No. 2 of the year 1987, No. 3 of the year 1992, No. 1 of the year 1993, No. 4 of the year 1994, No. 5 of the year 1995, No. 3 of the year 1996, No. 4 of the year 1997, and No. 8 of the year 1998.