[Amended 8-8-2017 by L.L.
No. 28-2017; 12-10-2019 by L.L. No. 36-2019]
The Town Board shall appoint a Sanitation Inspector who shall
be primarily responsible for the administration and enforcement of
this chapter, and such person may be a member of an existing Town
department and with the consent of the Town Board, the Sanitation
Inspector may designate other persons to assist him or her in his
or her duties. Unless specifically limited by the Inspector or the
Board, such other persons shall have all of the functions, responsibilities
and authority given to the Sanitation Inspector hereunder. In addition,
the Town Board may retain a qualified independent party to perform
the functions of Sanitation Inspector, and such independent party
shall have all functions, responsibilities and authority given to
the Sanitation Inspector with the exception that any and all enforcement
action shall be taken by qualified Town employees with the support
of such independent Sanitation Inspector.
A.
Use and effect of notice. Whenever the Sanitation Inspector has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this chapter or are not in compliance with a permit or other license issued hereunder, he or she may notify the owner of the property, the owner's agent or the person performing such operations to modify or suspend all or part of such operations, and any such person shall forthwith comply with such notice of violation until the same has been rescinded. He or she may also issue such notices with regard to sanitary systems which are malfunctioning or whose operations are resulting in a violation of § 180-7 of the Town Code (pollution by discharge of wastes or contaminants). To the extent that any notice of violation issued hereunder requires immediate suspension, modification or cessation of any operation(s), it shall be deemed to be a stop-work order.
[Amended 8-8-2017 by L.L.
No. 28-2017]
B.
Form of notice. A notice of violation shall be in
writing, shall specify the violation(s) and shall state the conditions
which must be complied with and the time within which compliance must
be completed. If suspension of operations has been required, the notice
shall so state with clarity and shall describe under what conditions,
if any, said suspended operations will be permitted to be resumed.
C.
Service. A notice of violation shall be served upon the person to
whom it is directed by delivering it to him or her personally or by
posting the same in a conspicuous place on the premises where operations
are conducted and by mailing a copy thereof to such person by certified
mail to his or her last known address.
[Amended 8-8-2017 by L.L.
No. 28-2017]
D.
Extension of time to comply. The Inspector may extend the time for
compliance specified in any notice of violation where there exists
evidence of intent to comply within the time period specified, conditions
exist which prevent complete compliance within such originally specified
time period and he or she has determined that there will be no threat
to public health, safety or property from a short additional period
of continued noncompliance.
[Amended 8-8-2017 by L.L.
No. 28-2017]
E.
Effect of failure to comply. In the event that the
person upon whom a notice of violation has been served shall fail
to comply with the same within the time period specified, or any extended
time period later granted by the Inspector, any and all permits, licenses,
authorizations or permissions issued to the person pursuant to this
chapter shall be deemed revoked.
F.
No effect on other remedies. Nothing in this section concerning the
nature and effect of notices of violations shall be construed as limiting
the authority of the Sanitation Inspector to pursue any necessary
and appropriate legal means to properly and effectively administer
and enforce the provisions of this chapter and to obtain compliance
therewith. In addition to any other legal remedies available to him
or her, the Inspector may, after consultation with the Town Attorney,
file criminal informations and commence court proceedings on behalf
of the Town or the district to compel such compliance.
[Amended 8-8-2017 by L.L.
No. 28-2017]
[Amended 8-8-2017 by L.L.
No. 28-2017; 12-10-2019 by L.L. No. 36-2019]
In addition to enforcement by the Sanitation Inspector, the
provisions of this chapter may be enforced by the Town Building Inspector
and the Town Environmental Protection Director, whether or not either
is serving as Sanitation Inspector. For such enforcement purposes
only, each such officer shall be deemed to have the same authority
as is given in this article to the Sanitation Inspector to enforce
this chapter.
Failure of any person to comply with any provision
of this chapter, including but not limited to the following, shall
constitute a violation hereof:
A.
Failure to obtain a carting permit, building permit
or other license, authorization or permission required by this chapter
or to adhere to the conditions imposed by the terms of any such permit,
license, authorization or permission; or
B.
Failure to comply with the written notice or order
of the Sanitation Inspector or other Town officer authorized to enforce
this chapter within the time fixed for compliance therewith.
[Amended 8-8-2017 by L.L.
No. 28-2017]
Any owner, occupant, builder, architect, contractor,
agent or other person who commits, takes part in or assists in a violation
of this chapter shall be liable upon conviction for a fine not to
exceed $500 (or any lesser amount which may be specified herein for
a particular violation) or imprisonment for a period not to exceed
15 days, or both. Each day on which such violation shall occur or
be maintained shall constitute a separate additional offense.
In addition to the above-provided penalties,
the Town Board may also maintain an action or proceeding on behalf
of the Town or the district in a court of competent jurisdiction to
compel compliance with, or to restrain by injunction the violation
of, this chapter.[1]
[1]
Editor’s Note: Former § 210-7-7, Severability,
was repealed 8-8-2017 by L.L. No. 28-2017.
