[HISTORY: Adopted by the Town Board of the
Town of Rosendale as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-25-1980 by L.L. No. 1-1980]
A.
BOD (denoting biochemical oxygen demand)
BUILDING DRAIN
BUILDING SEWER
COMBINED SEWER
GARBAGE
IMPROVEMENT
IMPROVEMENT BOUNDARIES
INDUSTRIAL or COMMERCIAL
INDUSTRIAL WASTES
NATURAL OUTLET
PERSON
pH
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
SANITARY SEWER
SEWAGE
SEWAGE TREATMENT PLANT
SEWAGE WORKS
SEWER
STORM SEWER or STORM DRAIN
SUSPENDED SOLIDS
TOWN
TOWN BOARD
TOWN ENGINEER
WATERCOURSE
Definitions. Unless the context specifically indicates
otherwise, the meaning of terms used in this article shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20º C., expressed in parts per million by weight.
That part of the lowest horizontal piping of the drainage
system which receives the discharge from soil, waste and other drainage
pipes inside the walls of the building and conveys to the inner face
of the building wall.
The extension from the building drain to the public sewer
or other place of disposal.
A sewer which carries both sanitary sewage and storm- and
surface water.
Solid wastes from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
The Rosendale Sewer Improvement of the Town of Rosendale,
Ulster County, New York.
The physical boundaries as presently established or as may
be extended from time to time as duly provided by Town Law.
Classifications which bear upon applications, rates, fees
or other considerations shall be determined solely by the Town Board
of the Town.
The liquid wastes from industrial processes as distinct from
sanitary sewage.
Any outlet into a watercourse pond, ditch, lake or other
body of surface or ground water.
An individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch in any dimension.
A sewer in which all owners of abutting properties have equal
rights, and is controlled by public authority.
A sewer which carries sewage and to which storm- , surface
and ground waters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such ground- , surface and storm waters as may be present.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
A sewer which carries storm- and surface waters and drainage
but excludes sewage and polluted industrial wastes.
Solids that either float on the surface or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
The Town of Rosendale, Ulster County, New York.
The duly elected Town Board of the Town of Rosendale or its
authorized deputy or representative.
The professional engineer retained as Town Engineer for the
Town of Rosendale or his authorized deputy, agent or representative.
A channel in which a flow of water occurs, either continuously
or intermittently.
A.
It shall be unlawful for any person to place, deposit
or permit to be deposited in an unsanitary manner upon public or private
property within the Improvement or in any area under the jurisdiction
of the Improvement any human or animal excrement, garbage or other
objectionable waste.
B.
It shall be unlawful to discharge to any natural outlet
within the Improvement or in any area under the jurisdiction of the
Improvement any sanitary sewage, industrial wastes or other polluted
waters, except where suitable treatment has been provided in accordance
with subsequent provisions of this article.
C.
Within the Improvement, it shall be unlawful to construct,
use or maintain any privy, privy vault, septic tank, cesspool or other
facility intended or used for the disposal of sewage, except as hereinafter
provided.
D.
The owner of all houses, buildings or properties used
for human occupancy, employment, recreation or other purpose, situated
within the Improvement boundaries and abutting on any street, alley
or right-of-way in which there is now located or may in the future
be located a public sanitary sewer of the Improvement within 100 feet
of said property line, and the location of such structure is within
150 feet of the property line, is hereby required, at his expense,
to install suitable plumbing facilities therein and to connect such
facilities directly with the proper public sewer in accordance with
the provisions of this article within 90 days after the date of official
notice to do so; and any septic tanks, cesspools and similar private
sewage disposal facilities shall be cleaned of sludge and liquid,
abandoned and filled with suitable material within 90 days after connection
to the public sanitary sewer of the Improvement.
E.
Owners of premises upon which a commercial car wash
is operated and the operators of any such car washes may, if the premises
on which any such car washes are located have adequate satisfactory
sewerage facilities to dispose of the water used in the car wash,
continue to use such sewerage facilities solely to dispose of the
water used in actually washing vehicles, but must separate the plumbing
facilities for that water from the plumbing facilities carrying all
other forms of sewerage and connect the latter plumbing facilities
directly with the proper public sewer in accordance with all the provisions
of this article. The owner and/or operator of any car wash continuing
to use a private sewage system as aforesaid shall separate the pipes
supplying water to the actual vehicle washing operation from all water
lines to the premises on which said car wash operations are located
and shall, at his own cost, connect the pipes supplying water to the
actual vehicle washing operation to a separate water meter so that
the quantity of water used in the actual car wash operation is separately
metered and measured.
F.
Where a public sanitary sewer is not available under the provisions of Subsection D above, the building sewer shall be connected to a private sewage disposal system complying with the provisions established by the Ulster County Department of Health.
G.
Hereafter, before commencement of construction or
reconstruction of a private sewage disposal system within the Improvement
boundaries, the owner shall first obtain a written permit from the
Ulster County Health Department. The permit shall be made on a form
furnished by the Ulster County Health Department and may be supplemented
by any plans, specifications and other information as are deemed necessary
by the Ulster County Health Department. Such construction or reconstruction
must meet all requirements of this article.
H.
A permit for a private sewage disposal system shall
not become effective until the installation is completed to the satisfaction
of the Ulster County Health Department. The applicant shall notify
the Ulster County Health Department when the work is ready for final
inspection and before any underground portions are covered. The inspection
shall be made within 48 hours of the receipt of notice by the Ulster
County Health Department, if possible.
I.
The type, capacities, location and layout of a private
sewage disposal system shall comply with all recommendations of the
Department of Health of the State of New York. No septic tank or cesspool
shall be permitted to discharge to any natural outlet.
J.
The owner shall operate and maintain the private sewage
disposal facilities in a sanitary manner at all times, at his own
expense and at no expense to the Improvement.
K.
At such time as a public sewer becomes available to
a property served by a private sewage disposal system, as provided
in this section, a direct connection shall be made to the public sewer
in compliance with this article, and any septic tanks, cesspools and
similar private sewage disposal facilities shall be cleaned of sludge
and liquid, abandoned and filled with suitable material.
L.
No statement contained in this section shall be construed
to override or interfere with any additional requirements that may
be imposed by the authorized representative of the Ulster County Health
Department or the New York State Department of Health.
A.
No unauthorized person shall uncover, make any connections
with or opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Town Board
or its designee.
B.
There shall be two classes of building sewer permits:
for residential and commercial services and for service to establishments
producing industrial wastes. In either case, the owner or his agent
shall make the application on a special form furnished by the Town.
Their permit application shall be supplemented by any plans, specifications
or other information considered pertinent in the judgment of the Town
Board.
C.
All costs and expense incident to the installation
and connection of the building sewer shall be borne by the owner.
The owner or his authorized agent shall pay for and indemnify the
Town from any loss or damage that may be occasioned by the installation
of the building sewer.
D.
A separate and independent building sewer shall be
provided for every building, except that where one building stands
at the rear of another on an interior lot and no private sewer is
available or can be constructed to the rear building through an adjoining
alley, court, yard or driveway, the building sewer from the front
building may be extended to the rear building and the whole considered
as a separate building sewer.
E.
Old building sewers may be used in connection with
new buildings only when they are found, on examination and test by
the Town Engineer, to meet all requirements of this article.
F.
The type of pipe shall be medium- or standard-weight
cast-iron soil pipe or ABS or PVC SDR 23.5 or ABS DWV Schedule 40
or other equal material approved by the Sewer Department. Joints shall
be gastight and watertight. If installed in filled or unstable ground,
the building sewer shall be of ductile-iron pipe, except that nonmetallic
material may be accepted if laid on a suitable concrete bed or cradle
as approved by the Sewer Department. All pipe is to be bedded in at
least six inches of gravel, crushed stone or sand so as to obtain
equal support for all sections of pipe.
G.
The size and slope of the building sewer shall be
subject to the approval of the Sewer Department, but, in no event,
shall the diameter be less than four inches. The slope of such four-inch
pipe shall be not less than 1/4 inch per foot.
H.
All building drains will be equipped with a house
trap and fresh-air vent before any branch or fixture line. The only
fittings preceding above the trap will be cleanouts or offsets or
adapters. The minimum size of the trap and fresh-air vent will be
four inches. All installations will be required to have a house vent
through the roof of the building.
I.
The depth shall be sufficient to afford protection
from frost. No building sewer shall be laid parallel to or within
three feet of any bearing wall. The building sewer shall be laid at
uniform grade and in straight alignment, insofar as possible. Changes
in direction shall be made only with properly curved pipe and fittings.
Where horizontal bends of more than 11 1/4º are required, cleanouts
of a type approved by the Sewer Department are to be installed.
J.
In all buildings in which any building drain is too
low to permit gravity flow to the public sewer, sanitary sewage carried
by such drain shall be lifted by approved artificial means and discharged
to the building sewer, and the cost of installing such artificial
means shall be paid by the Improvement where the aforesaid building
drain was place and in existence as of the time that the public sewer
is installed. The cost of repairs, replacement, maintenance and utilities
shall be paid by the owner. The cost of installation, maintenance,
repair and replacement of any artificial means of lifting sanitary
sewage from a building drain to the public sewer, as well as the utility
costs incurred in the operation thereof, which artificial means are
made necessary by the construction and installation of building drains
subsequent to the installation of the public sewer, shall be paid
by the owner of the premises on which any such building drain is located.
K.
All excavations required for the installation of a
building sewer shall be open-trench work unless otherwise approved
by the Sewer Department. Pipelaying and backfill shall be performed
in accordance with the section of the construction specifications
for the Rosendale Sewer Improvement entitled "Excavation, Trenching
and Backfilling for Utilities Systems."
L.
The connection of the building sewer into an existing
public sewer shall be at the property line. If a lateral connection
has not previously been provided, the lateral will be constructed
from the existing public sewer to the property line by the Sewer Department
upon submittal of a proper application by the property owner. The
method of connection of the lateral to the public sewer will be dependent
upon the type of sewer material used and, in all cases, shall be approved
by the Sewer Department. The cost of constructing said lateral shall
be paid by the owner if his property was within the Improvement area
but ineligible for connection upon completion of the Improvement.
M.
The applicant for the building sewer permit shall
notify the Sewer Department when the building sewer is ready for inspection
and connection to the public sewer lateral. The connection shall be
made under the supervision of the Sewer Department or such other person
appointed by the Town Board.
N.
When trenches are opened for the laying of house sewer
lateral pipes, such trenches shall be inspected by the Town Engineer
or his deputy or representative before the trenches are filled, and
the plumber performing such work shall notify the Sewer Department
when the laying of house sewer is completed. If a trench is filled
before inspection is made, the plumber to whom a permit is issued
must reexcavate the trench to permit required inspection.
O.
All excavation for building sewer installation 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 Town.
P.
Stormwater and all other unpolluted drainage shall
be discharged to such sewers as are specifically designated as storm
sewers or to a natural outlet provided by the Town Engineer. Industrial
cooling water or unpolluted process waters may be discharged to natural
drainage, upon approval of the Town Engineer and the New York State
Department of Environmental Conservation and upon the attaining of
a New York State Pollutant Discharge Elimination System permit.
A.
All extensions to the sanitary sewer systems owned
and maintained by the Town shall be properly designed in accordance
with the Recommended Standards for Sewage Works, as adopted by the
Great Lakes - Upper Mississippi River Board of State Sanitary Engineers
and in strict conformance with all requirements of the New York State
Department of Health. Plans and specifications for sewer extensions
shall be submitted to and approval obtained from the Town Engineer
and New York State Department of Health before construction may proceed.
The design of sewers must anticipate and allow for flows from all
possible future extensions and developments within the immediate drainage
area.
B.
Sewer extensions, including individual building sewer laterals to the property line, may be constructed by the Town under public contract if, in the opinion of the Town Board, the number of properties to be served by such extension warrants its cost. Under this arrangement, the property owner shall pay for and install the building sewer from the property line to his residence or place of business in accordance with the requirements of § 58-3. Thereafter, each property owner served by the extended public sewers will be charged at the full service charge rate as outlined in § 58-9. Property owners may, in accordance with applicable law, propose sewer extensions within the Rosendale Improvement Area or other parts of the Town by filing a written petition, signed by a majority of the benefiting property owners, with the Town Board.
C.
If the Town Board does not elect to construct a sewer extension under public contract, the property owner, builder or developer may construct the necessary sewer extension, if this extension is approved by the Town Board in accordance with the requirements of this section. He or they must pay for the entire installation, including all expenses incidental thereto. Each building sewer must be installed and inspected as required by this article, and the inspection fees shall be paid. The design of sewers shall be as specified in Subsection D. The installation of the sewer extension must be subject to full-time inspection by the Town Engineer, and the expenses for this inspection shall be paid for by the owner, builder or developer. The Town Engineer's decision shall be final in matters of quality and methods of construction. The sewer, as constructed, must pass the exfiltration test required in Subsection F before it is to be used. The cost of the sewer extension thus made shall be absorbed by the developers or the property owners, and thereafter the property owners will be subject to a sewer service charge proportional to their use of trunk sewers and treatment plant and their proportion of operational and maintenance costs as outlined in § 58-9.
D.
Sewer design.
(1)
Sewer design shall be in accordance with the following
provisions. Pipe shall be of a type approved by the Town Engineer.
Trench widths, as measured just above the crown of the pipe, shall
not exceed the following:
|
Pipe Diameter
(inches)
|
Trench Width
(inches)
| ||
|---|---|---|---|
|
8
|
39
| ||
|
10
|
42
| ||
|
12
|
45
|
(2)
If the trench widths are found, during field inspection,
to exceed the limits in the above table, the sewer pipe shall be encased
with a minimum of six inches of concrete. Pipe shall be firmly and
evenly bedded on a minimum of three inches of No. A1 or No. 1 crushed
stone (New York State Department of Transportation specification).
Pipe thickness and field strength shall be calculated on the following
criteria:
(3)
Utilizing the above information, the design shall
then be made as outlined in Chapter IX of the Water Pollution Control
Federal Manual of Practice No. 9, Design and Construction of Sanitary
and Storm Sewers.
E.
Manholes shall be constructed at all changes in slope
alignment or at intervals not exceeding 400 linear feet. The manholes
shall be constructed with a poured three-thousand-pounds-per-square-inch-concrete
base, steel-troweled concrete or mortar inverts and precast four-inch-diameter
concrete manhole barrel sections and a tapered top section. The manhole
frame and cover shall be the standard design of the Town and shall
be set with no less than two courses of brick underneath to allow
for later adjustment in elevation.
F.
Testing.
(1)
All sewers shall satisfy requirements of a final exfiltration
test before they will be approved and sewage flow accepted from them
by the Town. This test consists of filling the pipe with water to
provide a head of at least five feet above the top of the pipe or
five feet above groundwater, whichever is higher, at the highest point
of the pipe line under test, and then measuring the loss of water
from the line by the amount which must be added to maintain the original
level. In this test, the line must remain filled with water for at
least 24 hours prior to the taking of measurements. Exfiltration shall
be measured by the drop of water level in a standpipe with closed
bottom end or in one of the sewer manholes available for measurement.
(2)
When a standpipe and plug arrangement is used in the
upper manhole of a line under test, there must be some positive method
of releasing entrapped air in the sewer prior to taking measurements.
The test length intervals for either type of test shall be as ordered
approved, but in no event shall they exceed 100 feet. In the case
of sewers laid on steep grades, the length of line to be tested by
exfiltration at any one time may be limited by the maximum allowable
internal pressure on the pipe and joints at the lower end of the line.
The test period, wherein the measurements are taken, shall not be
less than two hours in either type of test.
(3)
The total leakage of any section tested shall not
exceed the rate of 100 gallons per mile of pipe per 24 hours per inch
of normal pipe diameter. For purposes of determining the maximum allowable
leakage, manholes shall be considered as sections of forty-eight-inch-diameter
pipe, five feet long. The equivalent leakage allowance shall be 4.5
gallons per manhole per 24 hours for forty-eight-inch-diameter manholes.
If leakage exceeds the specified amount, the necessary repairs or
replacements required shall be made to permanently reduce the leakage
to within the specified limit, and the tests shall be repeated until
the leakage requirement is met.
G.
All sewer extensions constructed at the property owner's,
builder's or developer's expense, after final approval and acceptance
by the Town Engineer, shall become the property of the Town and shall
thereafter be maintained by the Town. Said sewer extensions after
their acceptance by the Town shall be guaranteed for one year. The
guaranty shall be in a form provided by the Town. At the sole discretion
of the Town a completion bond or certified check may be demanded as
part of the guaranty.
H.
No building or developer shall be issued a building
permit for a new dwelling or structure requiring sanitary facilities
within the Improvement boundaries unless a suitable method of waste
disposal is proposed and approved by the Town Engineer. All new developments
shall be provided with an approved system of sanitary sewers.
A.
No person shall discharge or cause to be discharged
any of the following described waters or wastes to any public sewer:
(1)
Any liquid or vapor having a temperature higher than
150º F. (65º C.) or would cause a temperature above 40º
C. to enter the treatment facilities.
(2)
Any water or wastes which contain grease or oil or
other substance that will solidify or become discernibly viscous at
temperatures between 32º and 150º F.
(3)
Any water or wastes containing emulsified oil and
grease exceeding an average of 50 parts per million gallons of other
soluble matter.
(4)
Any gasoline, benzene, naphtha, fuel oil or mineral
oil or other flammable or explosive liquid, solid or gas.
(5)
Any noxious or malodorous gas, such as hydrogen sulfide,
sulfur dioxide or nitrous oxide or other substance, which, either
singularly or by interaction with other wastes, is capable of creating
a public nuisance or hazard to life or of preventing entry into sewers
from their maintenance and repair.
(6)
Any garbage that has not been properly pulverized
or ground to fine powder.
(7)
Any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastic, wood, paunch manure, hair and
fleshings, entrails, lime, residues, beer and distillery shops, chemical
residue, paint residues, cannery waste, bulk solids or any other solid
viscous substance capable of causing obstruction to the flow of the
sewers or other interference with the proper operation of the sewage
system.
(8)
Any waters or wastes, acid and alkaline in reaction,
having corrosive properties capable of causing damage or hazard to
structures, equipment and personnel of the sewage system; free acids
and alkalies must be neutralized, at all times, within a permissible
pH range of 6.0 to 9.0.
(9)
Any long half-life (over 100 days) of toxic radioactive
isotopes without a special permit.
(10)
Any waters or wastes that, for a duration of 15 minutes,
have a concentration greater than five times the average of that of
normal sanitary sewage [defined in Subsection B(13) of this section]
as measured by suspended solids and BOD and/or which is discharged
continuously at a rate exceeding 1,000 gallons per minute except by
special permit.
(11)
Any stormwater, roof drains, spring water, cistern
or tank overflow, cellar or footing drains, discharge from any vehicle
rack or motor or the contents of any privy vault, holding tank, septic
tank or cesspool or the discharge of effluent from any air-conditioning
machine or refrigeration unit.
(12)
Any waters or wastes containing a toxic or poisonous
substance, a high chlorine demand or suspended solids in sufficient
quantity to injure or interfere with any sewage treatment process,
to constitute a hazard to humans or animals or create any hazard in
the receiving waters of the effluent of the wastewater treatment facility.
Such toxic substances shall be limited to the average concentrations
listed hereinafter in the sewage. If the concentrations listed are
exceeded, individual establishments will be subject to control in
volume and concentration by the Town Engineer.
|
Limits of Toxic Substances in Sewage at
Point of
Entry Into Municipal Systems
| |||
|---|---|---|---|
|
Effluent Concentration Limits
(milligrams per liter)
| |||
|
Parameter
|
30-Day Average
|
24-Hour Average
| |
|
Cadmium
|
0.4
|
0.8
| |
|
Hexavalent chromium
|
0.2
|
0.4
| |
|
Total chromium
|
4.0
|
8.0
| |
|
Copper
|
0.8
|
1.6
| |
|
Lead
|
0.2
|
0.4
| |
|
Mercury
|
0.2
|
0.4
| |
|
Nickel
|
4.0
|
8.0
| |
|
Zinc
|
1.2
|
2.4
| |
|
Arsenic
|
0.2
|
0.4
| |
|
Available chlorine
|
50.0
|
50.0
| |
|
Cyanide, free
|
0.4
|
0.8
| |
|
Cyanide, complex
|
1.6
|
3.2
| |
|
Selenium
|
0.2
|
0.4
| |
|
Sulfide
|
6.0
|
12.0
| |
|
Barium
|
4.0
|
8.0
| |
|
Manganese
|
4.0
|
8.0
| |
|
Gold
|
0.2
|
0.4
| |
|
Silver
|
0.2
|
0.4
| |
|
Fluorides:
| |||
|
To fresh water
|
4.0*
|
8.0*
| |
|
To saline water
|
36.0
|
72.0
| |
|
Phenol
|
4.0
|
8.0*
| |
|
*NOTE: May be multiplied by a fraction of 1.5
if the municipal water supply is not fluoridated.
| |||
|
The list of toxic limits provided herein will
be replaced by the list of limits of toxic substances established
pursuant to Section 307 of the Clean Water Act, when promulgated.
Any limits in the existing list which are either more stringent than
the federal limit for a particular substance or for a substance not
included in the federal list may remain.
| |||
(13)
"Normal sanitary sewage" shall be construed to fall
within the following ranges at the effluent of the industrial plant
in question:
|
Constituents
|
Normal Range
(ppm)
| ||
|---|---|---|---|
|
Suspended solids
|
180 to 350
| ||
|
BOD
|
140 to 300
| ||
|
Chlorine demand
|
5 to 15
|
B.
Grease, oil and sand interceptors shall be provided
when, in the opinion of the Town Engineer, they are necessary for
the proper handling of liquid wastes containing grease in excessive
amounts or any flammable wastes, sand and other harmful ingredients,
except that such interceptors shall not be required for private living
quarters or dwelling units. All interceptors shall be of a type and
capacity approved by the Town Engineer and shall be located as to
be readily and easily accessible for cleaning and inspection.
C.
Grease and oil interceptors shall be constructed of
impervious materials capable of withstanding abrupt and extreme changes
in temperature. They shall be of substantial construction, watertight
and equipped with easily removable covers which, when bolted in place,
shall be gastight and watertight.
D.
Where installed, all grease, oil and sand interceptors
shall be maintained by the owner, at his expense, in continuously
efficient operation at all times and shall be accessible and open
to inspection by the Town Engineer or his deputy or representative
at any time.
E.
The admission into the public sewers of any waters
or wastes having a five-day biochemical oxygen demand greater than
300 parts per million by weight, containing more than 350 parts per
million by weight of suspended solids, containing more than 15 parts
per million of chlorine demand containing any quantity of substances
having the characteristics above the previously described limits or
having an average daily flow greater than 2% of the average daily
sewage flow of the Town, shall be subject to the review and approval
of the Town Engineer. Where necessary, in the opinion of the Town
Engineer, the owner shall provide at his expense, such preliminary
treatment as may be necessary to reduce the biochemical oxygen demand
to 300 parts per million and the suspended solids to 350 parts per
million by weight, reduce the chlorine demand to 15 parts per million,
reduce objectionable characteristics or constituents to within the
maximum limits provided for or control the quantities and rates of
discharge of such waters or wastes.
F.
Plans, specifications and any other pertinent information
relating to proposed preliminary treatment facilities shall be submitted
for the approval of the Town Engineer, the Water Resources Commission
of the State of New York and the New York State Department of Environmental
Conservation, and no construction of such facilities shall be commenced
until said approvals are obtained in writing.
G.
Where preliminary treatment facilities are provided
for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner at his expense.
H.
When required by the Town Engineer, the owner of any
property served by a building sewer carrying industrial wastes shall
install a suitable control manhole in the building sewer to facilitate
observation, sampling and measurement of the wastes. Such manhole,
when required, shall be accessibly and safely located and shall be
constructed in accordance with the plans approved by the owner, at
his expense, and shall be maintained by him so as to be safe and accessible
at all times.
I.
All measurements, test and analyses of the characteristics
of waters and wastes to which reference is made shall be determined
in accordance with the Ulster County Health Department Methods of
Examination of Water and Sewage and using the Standard Methods for
the Examination of Water and Wastewater as a correct laboratory reference,
upon suitable samples taken at control manholes provided for above.
In the event that no special manhole has been required, the control
manhole shall be considered to be the nearest downstream manhole in
the public sewer to the point at which the building sewer is connected.
J.
No statement contained in this article shall be construed
as preventing any special agreement or arrangement between the Town
and any industrial concern whereby an industrial waste of unusual
strength or character may be accepted by the Town for treatment, subject
to payment therefor by the industrial concern.
No person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the Improvement sewerage
works. Any person violating this provision shall be subject to immediate
arrest.
A.
The Town Engineer, employees of the United States
Environmental Protection Agency and New York State Department of Environmental
Conservation, and duly authorized employees of the Town, bearing proper
credentials and identification and having a reason for inspection
shall be permitted to enter upon all properties for the purposes of
inspection, observation, measurements, sampling and testing, in accordance
with the provisions of this article. The Town shall have the authority
to enforce industrial pretreatment standards promulgated by United
States Environmental Protection Agency pursuant to Section 307 of
P.L. 92-500.
B.
The Town Board shall appoint a Superintendent for
the Improvement who shall have such duties and responsibilities for
the management and operation of the Improvement as the Town Board
may from time to time establish.
A.
Any person found to be violating any provision of
this article shall be served by the Town 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.
B.
Any person who shall continue any violation beyond
the above time limit shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined in an amount not exceeding $200 for each violation.
Each day in which any such violation shall continue shall be deemed
a separate offense.
C.
Any person violating any of the provisions of this
article shall become liable to the Town for any expense, loss or damage
occasioned the Town by reason of such violation.
A.
Sewer charges shall be used for deriving revenues
for financing and maintaining sewage collection and treatment facilities.
The funds derived from these charges shall be used for all municipal
expenses associated with constructing, improving or maintaining a
sewerage system, including engineering, planning, construction, reconstruction
of sewers and all necessary appurtenances thereto, including pumping
stations, extensions, enlargement, replacement or additions to the
sanitary sewer systems or the preliminary or other studies and surveys
relative thereto and for the acquisition of land or rights-of-way
for any of the capital improvements.
B.
Sewer charges shall include a sewer user charge which
shall be levied on owners of properties located within or without
the Improvement boundaries who contribute sewage to the public sewers
and a capital amortization charge to be levied on all owners of properties
within the Improvement boundaries.
C.
The Town Board of the Town of Rosendale shall review
the user charges annually and revise them periodically to reflect
the actual sewage works, operation, and maintenance cost.
D.
Sewer user charges shall be billed quarterly at the
same time and included in the tax statement that is sent out by the
Town for county charges and general Town taxes.
E.
Sewer user charges shall be levied on the basis of
the amount of water from the Rosendale Water District used by each
sewer user at such per-gallon rates as the Town Board may, from time
to time, establish.
|
Estimated First-Year Operations and Maintenance
Cost
| |||
|
First-year flow estimated at 95,000 gallons
per day X 365 days = 34,765,000.00 gallons
| |||
|
Cost per 1,000 gallons =
|
$34,675
————
34,675
|
= $1.00 per 1,000 gallons
| |
|
In the event of a defective water meter the
average of its last two quarterly billings for sewer user charges
during which the meter was operating properly will be charged. In
the event that other than a residential class user enters and uses
the Improvement, the method of computing the sewer user charges for
such a user would be based on factors such as strength, volume and
delivery flow rate characteristics, as well as the amount of water
from the Rosendale Water District used by such user as set forth above.
If the property has its own water supply or is served by an unmetered
independent water company, the owner shall have the option of installing
a water meter at his expense or the user charges shall be based on
100 gallons per person per day. This shall mean that every man, woman
or child living in the residence shall be charged at that rate. Commercial
or nonresident users must install a water meter at their own expense.
The capital costs amortization charges shall be levied on the basis
of the assessed valuation of each parcel of property within the Improvement
boundaries, at such rates that may from time to time be set by the
Town Board.
| |||
F.
The bills for sewer user charges shall become due
and payable to the Rosendale Sewer Improvement Area, and such payment
shall be made to the Sewer Clerk, at its office, quarterly. If such
bills are not paid within 30 days, a penalty of 1% of the amount of
such bill will be added thereto. If such bill remains unpaid for 60
days, then interest at the rate of 1 1/4% per month on the unpaid
bill shall be added to the bill until payment is made. Sewer user
charges and capital costs amortization charges and the interest and
penalties thereon shall be a lien upon the real property which is
using the public sewer or which is located within the Improvement
boundaries, and on or before the day when, under the Town Law, preliminary
estimates of expenditures are required to be submitted, the Town Clerk
shall prepare and file with the Town Board a statement showing all
sewer user charges with penalties and interest thereon which remain
unpaid, which statement shall contain a brief description of the property
to which sewer services were supplied or which is within the Improvement
boundaries, the name of the owner liable to pay the same, so far as
may be known, and the amount chargeable.
G.
Connection charges. The property owner shall pay all
costs of constructing the building sewer from the main to the building
drain, or the Town Board may, if it deems it advisable and feasible,
contract for the cost of constructing said building sewer from the
main to the building drain and charge the property owner an installation
charge therefor, at a rate to be established by the Town Board; but
the property owner shall pay all costs of preparing an opening through
the building wall permitting the passage of said building main through
the wall to the building drain. If the Town Board decides to contract
for said connections, then all necessary connections will be made
under that contract.
[Adopted 5-9-2007 by L.L. No. 2-2007]
The purpose of this article is to provide for
the health, safety, and general welfare of the citizens of the Town
of Rosendale through the regulation of nonstormwater discharges to
the municipal separate storm sewer system (MS4) to the maximum extent
practicable as required by federal and state law. This article establishes
methods for controlling the introduction of pollutants into the MS4
in order to comply with requirements of the SPDES General Permit for
Municipal Separate Storm Sewer Systems. The objectives of this article
are:
A.
To meet the requirements of the SPDES General Permit
for Stormwater Discharges from MS4s, Permit No. GP-02-02 or as amended
or revised;
B.
To regulate the contribution of pollutants to the
MS4 since such systems are not designed to accept, process or discharge
nonstormwater wastes;
C.
To prohibit illicit connections, activities and discharges
to the MS4;
D.
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this article; and
E.
To promote public awareness of the hazards involved
in the improper storage and/or discharge of trash, yard waste, lawn
chemicals, pet waste, wastewater, grease, oil, petroleum products,
cleaning products, paint products, hazardous waste, sediment and other
pollutants into the MS4.
In accordance with § 10 of the Municipal
Home Rule of the State of New York, the Town Board of the Town of
Rosendale has the authority to enact local laws and amend local laws
for the purpose of promoting the health, safety or general welfare
of the Town of Rosendale and for the protection and enhancement of
its physical environment. The Town Board of Rosendale may include
in any such local law provisions for the appointment of any municipal
officer, employees, or independent contractors to effectuate, administer
and enforce such local law.
This article shall apply to all water entering
the MS4 generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
Whenever used in this article, unless a different
meaning is stated in a definition applicable to only a portion of
this article, the following terms will have meanings set forth below:
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities requiring authorization under the SPDES permit
for stormwater discharges from construction activity, GP-02-01, as
amended or revised. These activities include construction projects
resulting in land disturbance of one or more acres. Such activities
include but are not limited to clearing and grubbing, grading, excavating,
and demolition.
A New York State licensed professional engineer or licensed
architect.
Any material, including any substance, waste, or combination
thereof, which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including, but
not limited to:
Any conveyances which allow any nonstormwater
discharge including treated or untreated sewage, process wastewater,
and wash water to enter the MS4 and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial
or industrial land use to the MS4 which has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 58-15A(1) of this article.
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility, that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law and Ulster County Sanitation Code. These systems
are regulated by the Ulster County Health Department.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
The municipal separate storm sewer system.
The Town of Rosendale.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
Any discharge to the MS4 that is not composed entirely of
stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand and industrial, municipal,
agricultural waste and ballast discharged into water; which may cause
or might reasonably be expected to cause pollution of the waters of
the state in contravention of the standards.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
Discharge compliance with water quality standards:
the condition that applies where a municipality has been notified
that the discharge of stormwater authorized under its MS4 permit may
have caused or has the reasonable potential to cause or contribute
to the violation of an applicable water quality standard. Under this
condition, the municipality must take all necessary actions to ensure
future discharges do not cause or contribute to a violation of water
quality standards.
303(d) Listed waters: the condition in the municipality's
MS4 permit that applies where the MS4 discharges to a 303(d) listed
water. Under this condition, the stormwater management program must
ensure no increase of the listed pollutant of concern to the 303(d)
listed water.
Total maximum daily load (TMDL) strategy: the
condition in the municipality's MS4 permit where a TMDL including
requirements for control of stormwater discharges has been approved
by the EPA for a water body or watershed into which the MS4 discharges.
If the discharge from the MS4 did not meet the TMDL stormwater allocations
prior to September 10, 2003, the municipality was required to modify
its stormwater management program to ensure that reduction of the
pollutant of concern specified in the TMDL is achieved.
The condition in the municipality's MS4 permit
that applies if a TMDL is approved in the future by the EPA for any
water body or watershed into which an MS4 discharges. Under this condition,
the municipality must review the applicable TMDL to see if it includes
requirements for control of stormwater discharges. If an MS4 is not
meeting the TMDL stormwater allocations, the municipality must, within
six months of the TMDL's approval, modify its stormwater management
program to ensure that reduction of the pollutant of concern specified
in the TMDL is achieved.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
An employee, the municipal engineer or other public official(s)
designated by the Town of Rosendale to enforce this article. The SMO
may also be designated by the municipality to accept and review stormwater
pollution prevention plans, forward the plans to the Town Planning
Board, inspect stormwater management practices and designate certain
responsibilities pursuant to this article to other employees or agents
of the municipality.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by the Department
as required by Section 303(d) of the Clean Water Act. 303(d) listed
waters are estuaries, lakes and streams that fall short of state surface
water quality standards and are not expected to improve within the
next two years.
Total maximum daily load.
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded
The Stormwater Management Officer(s) [SMO(s)]
shall administer, implement, and enforce the provisions of this article.
Such powers granted or duties imposed upon the authorized enforcement
official may be delegated in writing by the SMO as may be authorized
by the municipality.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in Subsection A(1). The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge
prohibitions established by this article, unless the Department or
the municipality has determined them to be substantial contributors
of pollutants: water line flushing or other potable water sources,
landscape irrigation or lawn watering, existing diverted stream flows,
rising groundwater, uncontaminated groundwater infiltration to storm
drains, uncontaminated pumped groundwater, foundation or footing drains,
crawl space or basement sump pumps, air-conditioning condensate, irrigation
water, springs, water from individual residential car washing, natural
riparian habitat or wetland flows, dechlorinated swimming pool discharges,
residential street wash water, water from fire-fighting activities,
and any other water source not containing pollutants. Such exempt
discharges shall be made in accordance with an appropriate plan for
reducing pollutants.
(2)
Discharges approved in writing by the SMO to protect
life or property from imminent harm or damage, provided that such
approval shall not be construed to constitute compliance with other
applicable laws and requirements, and further provided that such discharges
may be permitted for a specified time period and under such conditions
as the SMO may deem appropriate to protect such life and property
while reasonably maintaining the purpose and intent of this article.
(3)
The prohibition shall not apply to any discharge permitted
under an SPDES permit, waiver, or waste discharge order issued to
the discharger and administered under the authority of the Department,
provided that the discharger is in full compliance with all requirements
of the permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the MS4.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the MS4 is prohibited.
(2)
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this
article if the person connects a line conveying sewage to the municipality's
MS4, or allows such a connection to continue.
A.
Activities that are subject to the requirements of
this section are those types of activities that:
B.
Upon notification to a person that he or she is engaged
in activities that cause or contribute to violations of the municipality's
MS4 SPDES permit authorization, that person shall take all reasonable
actions to correct such activities such that he or she no longer causes
or contributes to violations of the municipality's MS4 SPDES permit
authorization.
Where the SMO has identified illicit discharges as defined in § 58-13 or activities contaminating stormwater as defined in § 58-16, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
A.
The owner or operator of a commercial or industrial
establishment shall provide, at his/her own expense, reasonable protection
from accidental discharge of prohibited materials or other wastes
into the MS4 through the use of structural and nonstructural BMPs.
B.
Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge as defined in § 58-13 or an activity contaminating stormwater as defined in § 58-16, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
C.
Compliance with all terms and conditions of a valid
SPDES permit authorizing the discharge of stormwater associated with
industrial activity, to the extent practicable, shall be deemed compliance
with the provisions of this section.
A.
The SMO may, without prior notice, suspend MS4 discharge
access to a person when such suspension is necessary to stop an actual
or threatened discharge which presents or may present imminent and
substantial danger to the environment, to the health or welfare of
persons, or to the MS4. The SMO shall notify the person of such suspension
within a reasonable time thereafter, in writing, and of the reasons
for the suspension. If the violator fails to comply with a suspension
order issued in an emergency, the SMO may take such steps as deemed
necessary to prevent or minimize damage to the MS4 or to minimize
danger to persons. All costs and expenses incurred by the SMO to remedy
the situation, including proper disposal, shall be assessed to the
owner of the property. If the property owner fails to pay same, it
may become a lien against the property, subject to a hearing a minimum
of 10 days prior to the imposition of the tax lien.
B.
Suspension due to the detection of illicit discharge.
Any person discharging to the municipality's MS4 in violation of this
article may have his/her MS4 access terminated if such termination
would abate or reduce an illicit discharge. The SMO will notify a
violator in writing of the proposed termination of its MS4 access
and the reasons therefor. The violator may petition the SMO for a
reconsideration and hearing. Access may be granted by the SMO if he/she
finds that the illicit discharge has ceased and the discharger has
taken steps to prevent its recurrence. Access may be denied if the
SMO determines in writing that the illicit discharge has not ceased
or is likely to recur. A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this section, without
the prior approval of the SMO.
Any person subject to an industrial or construction
activity SPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the municipality prior to the allowing of
discharges to the MS4.
A.
Applicability. This section applies to all facilities
that the SMO must inspect to enforce any provision of this article,
or whenever the authorized enforcement agency has cause to believe
that there exists, or potentially exists, in or upon any premises
any condition which constitutes a violation of this article.
B.
Access to facilities.
(1)
The SMO shall be permitted to enter and inspect facilities
subject to regulation under this article as often as may be necessary
to determine compliance with this article. If a discharger has security
measures in force which require proper identification and clearance
before entry into its premises, the discharger shall make the necessary
arrangements to allow access to the SMO.
(2)
Facility operators shall allow the SMO ready access
to all parts of the premises for the purposes of inspection, sampling,
examination and copying of records as may be required to implement
this article.
(3)
The municipality shall have the right to set up on
any facility subject to this article such devices as are necessary
in the opinion of the SMO to conduct monitoring and/or sampling of
the facility's stormwater discharge.
(4)
The municipality has the right to require the facilities
subject to this article to install monitoring equipment as is reasonably
necessary to determine compliance with this article. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
(5)
Unreasonable delays in allowing the municipality access
to a facility subject to this article is a violation of this article.
A person who is the operator of a facility subject to this article
commits an offense if the person denies the municipality reasonable
access to the facility for the purpose of conducting any activity
authorized or required by this article.
(6)
If the SMO has been refused access to any part of
the premises from which stormwater is discharged, and he/she is able
to demonstrate probable cause to believe that there may be a violation
of this article, or that there is a need to inspect and/or sample
as part of a routine inspection and sampling program designed to verify
compliance with this article or any order issued hereunder, then the
SMO may seek issuance of a search warrant from any court of competent
jurisdiction.
Notwithstanding other requirements of law, as
soon as any person responsible for a facility or operation, or responsible
for emergency response for a facility or operation, has information
of any known or suspected release of materials which is resulting
or may result in illegal discharges or pollutants discharging into
the MS4, said person shall take all necessary steps to ensure the
discovery, containment, and cleanup of such release. In the event
of such a release of hazardous materials, said person shall immediately
notify emergency response agencies of the occurrence via emergency
dispatch services. In the event of a release of nonhazardous materials,
said person shall notify the municipality in person or by telephone
or facsimile no later than the next business day. Notifications in
person or by telephone shall be confirmed by written notice addressed
and mailed to the municipality within three business days of the telephone
notice. If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least three years.
A.
Notice of violation.
(1)
When the municipality's SMO finds that a person has
violated a prohibition or failed to meet a requirement of this article,
he/she may order compliance by written notice of violation to the
responsible person.
(a)
Such notice may require, without limitation:
[1]
The elimination of illicit connections or discharges;
[2]
That violating discharges, practices, or operations
shall cease and desist;
[3]
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
[4]
The performance of monitoring, analyses, and
reporting;
[5]
Payment of a fine and reimbursement of any costs
and/or expenses incurred by the municipality relating to the violation;
and
[6]
The implementation of source control or treatment
BMPs.
(b)
If abatement of a violation and/or restoration
of affected property is required, the notice shall set forth a deadline
within which such remediation or restoration must be completed. Said
notice shall further advise that, should the violator fail to remediate
or restore within the established deadline, the work will be done
by a designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
(2)
The municipality shall also have the right to issue
an appearance ticket for said violation.
B.
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 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.
Any person receiving a notice of violation may
appeal the determination of the SMO to the Town Board within 15 days
of its issuance. The Town Board shall hear the appeal within 30 days
after the filing of the appeal and, within five days of making its
decision, file its decision in the office of the municipal clerk and
mail a copy of its decision by certified mail to the discharger.
A.
If the violation has not been corrected pursuant to
the requirements set forth in the notice of violation, or, in the
event of an appeal, within five business days of the decision of the
municipal authority upholding the decision of the SMO, then the SMO
shall request the owner's permission for access to the subject private
property to take any and all measures reasonably necessary to abate
the violation and/or restore the property.
B.
If refused access to the subject private property,
the SMO may seek a warrant in a court of competent jurisdiction to
be authorized to enter upon the property to determine whether a violation
has occurred. Upon determination that a violation has occurred, the
SMO may seek a court order to take any and all measures reasonably
necessary to abate the violation and/or restore the property. The
cost of implementing and maintaining such measures shall be the sole
responsibility of the discharger.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
article. If a person has violated or continues to violate the provisions
of this article, the municipality or SMO may petition for a preliminary
or permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
A.
Where a person has violated a provision of this article,
he/she may be eligible for alternative remedies in lieu of a civil
penalty, upon recommendation of the municipal Code Enforcement Officer,
where:
In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this article is a threat to
public health, safety, and welfare, and is declared and deemed a nuisance,
and may be summarily abated or restored at the violator's expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken.
The remedies listed in this article are not
exclusive of any other remedies available under any applicable federal,
state or local law, and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
