[Amended 11-14-2012 by L.L. No. 6-2012]
A. This section
shall be enforced by the Town Stormwater Management Officer or such
other official as designated by resolution of the Town Board. The
Town Stormwater Management Officer and all officials designated under
this section shall have the authority to issue appearance tickets
under Article 150 of the Criminal Procedure Law of this state.
B. Notice of violation. When the Town determines that
a land development activity is not being carried out in accordance
with the requirements of this chapter, it may issue a written notice
of violation to the landowner. The notice of violation shall contain:
(1) 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 chapter
and a time schedule for the completion of such remedial action;
(5) A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of violation
is directed;
(6) A statement that the determination of violation may
be appealed to Town Board by filing a written notice of appeal within
15 days of service of notice of violation.
C. Stop-work orders. The Town may issue a stop-work order
for violations of this chapter. Persons receiving a stop-work order
shall be required to halt all land development activities, except
those activities that directly remedy 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 chapter.
D. Violations. Any land development activity that is
commenced or is conducted contrary to this chapter may be restrained
by injunction or otherwise abated in a manner provided by law.
E. Indemnification of Town. If the New York State Department
of Environmental Conservation (DEC) shall serve a notice of violation
upon the Town, bring an administrative complaint against the Town,
and/or commence a civil suit against the Town due to a violation of
SPDES General Permit for Stormwater Discharges from Municipal Separate
Stormwater Sewer Systems GP-02-02, and such notice of violation, administrative
complaint, or civil suit is a result of, due to, a consequence of,
or the outcome of the actions of a person who has violated the provisions
of this chapter, then said person shall indemnify the Town for any
and all fines, damages or penalties imposed by the DEC upon the Town.
F. Penalties.
(1) In
addition to or as an alternative to any penalty provided herein or
by law, any person who violates the provisions of this chapter shall
be guilty of a violation punishable by:
(a) A fine not exceeding $350 or imprisonment for a period not to exceed
15 days, or both, for conviction of a first offense;
(b) A fine of not less than $350 nor more than $700 or imprisonment for
a period not to exceed 15 days, or both, for conviction of a second
offense, both of which offenses were committed within a period of
five years; and
(c) A fine of not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed 15 days, or both, upon conviction of a
third or subsequent offense, all of which offenses were committed
within a period of five years.
(2) Each
day that a violation continues shall constitute a separate offense.
G. Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this chapter, the Stormwater Management Officer may prevent the
occupancy of said building or land.
H. 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.