Town of Pendleton, NY Stormwater Management Regulations; Drainage

Findings. It is hereby determined that:

Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition.

This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species.

Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat.

Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing streambank erosion and sedimentation.

Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow.

Substantial economic losses can result from these adverse impacts on the waters of the Town.

Stormwater runoff, soil erosion, and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities.

The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety.

Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.

Purpose. The purpose of this Article XIII is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within the Town and to address the findings of fact in § 247-85A(1) above. This Article XIII seeks to meet those purposes by achieving the following objectives:

Meet the requirements of minimum measures 4 and 5 of the New York State Department of Environmental Conservation (DEC) State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, or as amended or revised;

Require land development activities to conform to the substantive requirements of the DEC SPDES General Permit for Construction Activities, Permit No. GP-02-01, or as amended or revised;

Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels;

Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;

Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and

Reduce stormwater runoff rates and volumes, soil erosion, and nonpoint source pollution, wherever possible, through stormwater management practices and ensure that these management practices are properly maintained and eliminate threats to public safety.

Applicability; exemptions; requirements.

Applicability. This Article XIII shall be applicable to all land development activities.

Exemptions. The following activities shall be exempt from review under this Article XIII:

Agriculture, except that the construction of new structures associated with unlimited agriculture and the operation of a dude ranch or similar operation shall not be exempt from review under this Article XIII;

Silvicultural activity, except that landing areas and log haul roads are subject to this Article XIII;

Routine maintenance activities that disturb fewer than five acres and are performed to maintain the original line and grade, hydraulic capacity, or original purpose of a facility;

Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer (SMO);

Any part of a subdivision if a plat for the subdivision has been approved by the Town on or before the effective date of this Article XIII;

Land development activities for which a building permit has been approved on or before the effective date of this Article XIII;

Cemetery graves;

Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles;

Emergency activity immediately necessary to protect life, property, or natural resources;

(j)

Activities of an individual engaging in home gardening by growing flowers, vegetables, or other plants primarily for use by that person and his or her family;

(k)

Landscaping and horticultural activities in connection with an existing structure.

Conflict. Where the conditions imposed by any provisions of this Article XIII are either more restrictive or less restrictive than comparable conditions imposed by any other applicable law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.

All land development activities subject to review and approval by the Code Enforcement Officer/Building Inspector, Town Highway Superintendent, Planning Board, or Town Board under a floodplain development permit, public improvement permit, mobile home park development, subdivision or site plan approval, or drainage regulations shall be reviewed subject to the standards contained in this Article XIII. The applicant shall submit a stormwater pollution prevention plan (SWPPP) prepared in accordance with the standards contained in this Article XIII to the SMO, who shall forward the SWPPP, together with his or her written recommendation to approve, approve with modifications, or disapprove the SWPPP, to such agency, committee, employee, or board of the Town which may be reviewing any application for approval of a land development activity requiring submission of a SWPPP. Approval shall only be given if the SWPPP meets the requirements of this Article XIII. In making a recommendation to approve with modifications or disapprove the SWPPP, the SMO shall state the reasons for the decision in writing. In order to be approved, an applicant shall revise a SWPPP that has been approved with modifications or disapproved in accordance with the recommendations of the SMO and shall submit the revised SWPPP to the SMO for review.

(5)

For all land development activities not subject to review by the Code Enforcement Officer/Building Inspector, Town Highway Superintendent, Planning Board, or Town Board as stated in § 247-85B(4) of this article, the applicant or developer shall be required to submit a SWPPP prepared in accordance with the standards contained in this article to the SMO. The SMO shall approve, conditionally approve, or disapprove the SWPPP. Approval shall only be given if the SWPPP meets the requirements of this article. In conditionally approving or disapproving the SWPPP, the SMO shall state the reasons for the decision in writing. In order to be approved, an applicant shall revise a conditionally approved or disapproved SWPPP in accordance with the recommendations of the SMO and shall submit the revised SWPPP to the SMO for review.

Stormwater pollution prevention plans.

Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the SMO or such agency, committee, employee, or board of the Town which may be reviewing any application for approval of a land development activity requiring submission of a SWPPP has received a SWPPP prepared in accordance with the specifications of this Article XIII.

Contents of a stormwater pollution prevention plan. All SWPPPs shall provide the following background information and erosion sediment controls:

Background information about the scope of the project, including the location, type, and size of the project;

Site map/construction drawing(s) for the project, including a general location map. The site map should be at a scale of no smaller than one inch to 100 feet. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the land development activity; existing and final slopes; locations of off-site material, waste, borrow, or equipment storage areas; and location(s) of the stormwater discharge(s);

Description of the soil(s) present at the site;

Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation, and any other activity at the site that results in soil disturbance. Consistent with the Erosion Control Manual, not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP;

Description of the pollution prevention measures that will be used to control litter, construction chemicals, and construction debris from becoming a pollutant source in stormwater runoff;

Description of construction and waste materials expected to be stored on-site with updates as appropriate and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater and spill prevention and response;

Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control, and sediment control for each stage of the project, from initial land clearing and grubbing to project closeout;

A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;

Dimensions, material specifications, and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;

(j)

Temporary practices that will be converted to permanent control measures;

(k)

Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;

(l)

Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;

(m)

Name(s) of the receiving water(s);

(n)

Delineation of SWPPP implementation responsibilities for each part of the site;

(o)

Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and

(p)

Any existing data that describes the stormwater runoff at the site.

Land development activities meeting Condition A, B, or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as required in § 247-85C(4) below, as applicable:

Condition A: stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on DEC's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.

Condition B: stormwater runoff from land development activity disturbing five or more acres.

Condition C: stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family detached residences and construction activities at agricultural properties.

Stormwater pollution prevention plan requirements for Condition A, B, or C:

All information in § 247-85C(2) above;

Description of each post-construction stormwater management practice;

Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice;

Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;

Comparison of post-development stormwater runoff conditions with predevelopment conditions;

Dimensions, material specifications, and installation details for each post-construction stormwater management practice;

Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice;

Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property; and

Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 247-85E.

(5)

The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer, and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this Article XIII.

(6)

Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.

(7)

Contractor certification.

Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."

The certification must include the name and title of the person providing the signature, address, and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.

The certification statement(s) shall be included with and become part of the SWPPP for the land development activity.

(8)

A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.

Performance and design criteria. All land development activities shall be subject to the following performance and design criteria:

Technical standards. For the purpose of this section, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this section:

The Design Manual; and

The Erosion Control Manual.

Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in § 247-85D(1) above.

Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.

Maintenance, inspection, and repair of stormwater facilities.

Maintenance and inspection during construction.

The applicant or developer of the land development activity or his or her representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this Article XIII. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

For land development activities meeting Condition A, B, or C in § 247-85C(3) above, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.

Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this section. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the Town Attorney.

Maintenance after construction. The owner or operator of permanent stormwater management practices (SMPs) installed in accordance with this Article XIII shall ensure they are operated and maintained to achieve the goals of this Article XIII. Proper operation and maintenance also includes, at a minimum, the following:

A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this Article XIII.

Written procedures for operation and maintenance and training new maintenance personnel.

Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 247-85D above.

Maintenance agreements. The Town shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Appendix B of this Article XIII, entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Town, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided that such facility meets all the requirements of this section and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

Editor's Note: Appendix B is included as an attachment to this chapter.

Administration and enforcement.

Construction inspection.

Erosion and sediment control inspection.

The SMO may require such inspections as necessary to determine compliance with this article and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this article and the SWPPP as approved. To obtain inspections, the applicant shall notify the SMO at least 48 hours before any of the following, as required by the SMO:

Start of construction;

[2]

Installation of sediment and erosion control measures;

[3]

Completion of site clearing;

[4]

Completion of rough grading;

[5]

Completion of final grading;

[6]

Close of the construction season;

[7]

Completion of final landscaping; or

[8]

Successful establishment of landscaping in public areas.

If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the SMO.

Stormwater management practice inspections. The SMO is responsible for conducting inspections of SMPs. All applicants are required to submit as-built plans for any SMPs located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.

Inspection of stormwater facilities after project completion.

Inspection programs shall be established on any reasonable basis, including but not limited to:

[a]

Routine inspections;

[b]

Random inspections;

[c]

Inspections based upon complaints or other notice of possible violations;

[d]

Inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants;

[e]

Inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and

[f]

Joint inspections with other agencies inspecting under environmental or safety laws.

[2]

Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.

Submission of reports. The SMO may require monitoring and reporting from entities subject to this Article XIII as are necessary to determine compliance therewith.

Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in this § 247-85F(1).

Performance guarantee.

Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town in its approval of the SWPPP, the Town may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town as the beneficiary. The security shall be in an amount to be determined by the Town based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in full force until the surety is released from liability by the Town, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility has been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facility has been found to be acceptable to Town. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.

Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

Recordkeeping. The Town may require entities subject to this Article XIII to maintain records demonstrating compliance with this Article XIII.

Enforcement and penalties.

Notice of violation. When the Town determines that a land development activity is not being carried out in accordance with the requirements of this Article XIII, it may issue a written notice of violation to the landowner. The notice of violation shall contain:

The name and address of the landowner, developer or applicant;

[2]

The address, when available, or a description of the building, structure or land upon which the violation is occurring;

[3]

A statement specifying the nature of the violation;

[4]

A description of the remedial measures necessary to bring the land development activity into compliance with this Article XIII and a time schedule for the completion of such remedial action;

[5]

A statement of the penalty(ies) that shall or may be assessed against the person to whom the notice of violation is directed; and

[6]

A statement that the determination of violation may be appealed to the Town by filing a written notice of appeal within 15 days of service of notice of violation.

Stop-work orders. The Town may issue a stop-work order for violations of this Article XIII. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this Article XIII.

Violations. Any land development activity that is commenced or is conducted contrary to this Article XIII may be restrained by injunction or otherwise abated in a manner provided by law.

Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this article shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this Article XIII shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

Withholding of certificate of occupancy/certificate of compliance. If any building or land development activity is installed or conducted in violation of this article, the SMO may prevent the occupancy of said building or land.

Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

Fees; fees for services. The Town may require any person undertaking land development activities regulated by this Article XIII to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town or performed by a third party for the Town. The fee shall be as described in the Town of Pendleton Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time.

§ 247-86 Drainage. [1]

Definitions. As used in this § 247-86, the following terms shall have the meanings indicated:

MAJOR DRAINAGE IMPACT

Proposed action will significantly alter drainage patterns, potentially result in an adverse impact on existing public drainage collection and conveyance, or result in a potential significant impact to adjacent properties.

MINOR DRAINAGE IMPACT

Proposed action will not significantly alter existing drainage patterns; redirecting stormwater runoff to adjacent properties or the Town's drainage system is not anticipated to have an adverse impact (i.e., positive drainage from the improvement to the public drainage system is provided; surface runoff will not pool on adjacent properties).

Prohibited acts. It shall be unlawful for any person, firm, entity or corporation without a drainage permit issued by the Code Enforcement Officer/Building Inspector to:

Place, deposit or permit to be placed or deposited any debris, fill, sand, stone or other solid materials of any kind or nature or construction of any kind into or across any stream, ditch, culvert, pipe, watercourse or other drainage system.

Construct and/or place any ditch, pipe, culvert or artificial watercourse of any kind or nature which shall collect and direct the flow of natural surface waters or drainage or increase in intensity or quantity the flow of surface waters or drainage from paved surfaces, structures, roads or improvements directly into any stream, ditch, culvert, pipe or watercourse or other drainage system.

Fill, obstruct, dam, divert or otherwise change or alter the natural or artificial flow of waters or drainage or the intensity or quantity of flows through any stream, ditch, pipe, culvert, watercourse or other improvement of drainage system.

Construct, erect or replace bridges and culverts on all watercourse ditches, streams or sluices which affect adjoining properties.

(5)

Do any construction, soil movement and/or regrading where alteration of the natural drainage pattern results.

Exceptions. The above restrictions shall not apply to work or construction done under a permit issued by the State of New York or County of Niagara.

Application and plans to be submitted.

All applicants for a drainage permit to do any of the acts set forth above shall present plans to the Code Enforcement Officer/Building Inspector, which plans shall be inclusive of, but not limited to, a description of the existing and subsequent drainage patterns together with a description of the affected adjoining properties. Such plans shall be accompanied by a stormwater pollution prevention plan (SWPPP), if required for the proposed land development activity under Article XIII of this chapter, together with the written recommendation of the Stormwater Management Officer (SMO) to approve, approve with modifications, or disapprove the SWPPP pursuant to § 247-85C of this chapter. After review of the complete drainage permit application package, the Code Enforcement Officer/Building Inspector will make a determination if the application reflects a minor drainage impact or a major drainage impact.

If deemed a minor drainage impact, the Code Enforcement Officer/Building Inspector will have the responsibility of handling the drainage permit application process.

If deemed a major drainage impact, the Code Enforcement Officer/Building Inspector will forward the drainage permit package to the Planning Board for site plan review, which shall include environmental review (SEQR) and a public hearing, as required under § 245-54 of this chapter. See § 245-54, Site plan review; performance and design standards.

The Code Enforcement Officer/Building Inspector or Planning Board (if site plan review is warranted) may solicit the help and or expertise of the Town Highway Superintendent to aid in the drainage permit application process and/or for post-construction inspection.

Effect of permit issuance. The issuance of a drainage permit by the Town shall not obligate the Town to any costs in connection with the work performed under the permit and shall not obligate the Town to maintain any such improvements.

Duties of the Code Enforcement Officer/Building Inspector and Highway Superintendent. In the exercise of his/her discretion to grant or deny the drainage permit, the Code Enforcement Officer/Building Inspector in conjunction with the Town Highway Superintendent when warranted shall give consideration to the effect such proposed construction may have on the drainage, health, beauty, preservation of natural resources and control of pollution and welfare of the Town and shall deny any such drainage permit where in his/her judgment the Code Enforcement Officer/Building Inspector determines such proposed construction is detrimental to the drainage, health, beauty, preservation of natural resources and control of pollution and welfare in the Town. If the plans submitted pursuant to § 247-86D above were accompanied by a SWPPP, the Town Highway Superintendent shall deny the drainage permit if such SWPPP and plans do not comply with the requirements of Article XIII of this chapter. Furthermore, the Code Enforcement Officer/Building Inspector and/or the Highway Superintendent shall limit the installation of bridges and culverts along Town highways to a length not to exceed 40 feet, in the interest of ensuring adequate road drainage maintenance.

Enforcement; penalties for offenses.

Any person, firm, entity or corporation found to be violating any provisions of this section shall be served with a written notice at the direction of the Code Enforcement Officer/Building Inspector stating the nature of the violation and providing for a thirty-day time limit for the satisfactory correction thereof. The offender shall, within the period stated in such notice, correct or remove all violations.

Any person, firm, entity or corporation who or which shall continue any violation beyond the time limit provided for in Subsection G(1) above shall be guilty of a violation and, upon conviction thereof, be fined in an amount not exceeding $2,500 or be imprisoned for a term not exceeding 15 days, or both, for each violation. Each week in which such violation shall continue shall be deemed a separate offense.

In the event that any person, firm, entity or corporation shall continue any violation beyond the time limit provided for in Subsection G(1) above, the Town Board may direct the Town Attorney to apply to the Supreme Court for any order directing that the violation be corrected or removed and that all costs and expenses incurred by the Town in connection with the proceedings, including the actual cost of correction or removal, shall be assessed against the offenders.

Any person, firm, entity or corporation violating any of the provisions of this section shall become liable to the Town for any expense or loss or damage occasioned by the Town by reason of such violation.

Fees. For appropriate fees see the Town of Pendleton Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time.