(A) Violation notice. Any person found to be violating any provision of this chapter shall be served by the village with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
(B) Penalties for offenses. Any person, who shall continue any violation beyond the time limit provided for, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in the amount not exceeding $5,000 for each violation. Each day in which any violation shall continue shall be deemed a separate offense.
(C) Damage to structures or equipment unlawful. Any person who shall break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, fence or equipment which is a part of the water supply works shall be charged with an offense under NY Penal Law, Article 145 and, upon conviction, shall be subject to the fine and imprisonment, or both, for the particular offense charged. Each day's commission of the offense shall constitute a separate offense.
(D) Civil penalties. Notwithstanding any other section of this chapter, any person who is found to have violated any provision of this chapter, or permits or orders issued hereunder, shall be liable for a civil penalty in an amount not to exceed $1,000 per violation as initially established by the Superintendent subject to modification, if any, made by the Board pursuant to § 52.045. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Any such penalty shall specify what portion thereof represents actual loss to the village caused by the violation. Such person may, within 15 calendar days of notification of such civil penalty, petition the Superintendent to modify or suspend the civil penalty. Such petition shall be in written form and shall be transmitted to the Superintendent by registered mail. The Superintendent may:
(1) Reject any frivolous petitions;
(2) Modify or suspend the civil penalty;
(3) Request additional information from such person; or
(4) Order the petitioner to show cause in accordance with § 52.045.
(E) Criminal penalties.
(1) Any person who willfully violates any provision of this chapter or any final determination or order of the Superintendent made in accordance with §§ 52.080 through 52.084, 52.090 through 52.092 and 52.100 through 52.103 shall, in addition, be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than $500 nor more than $1,000. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense. In the event of a second conviction, such person shall be punishable by a fine not to exceed $3,000 per violation per day or imprisonment for not more than three years or both.
(2) Any person who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than $1,000 per violation per day or imprisonment for not more than one year or both. In the event of a second conviction, such person shall be punishable by a fine not to exceed $3,000 per violation per day or imprisonment for not more than three years or both.
(3) No prosecution, under this section, shall be instituted until after final disposition of a show cause hearing, if any was instituted.
(Ord. 2-2009, passed 3-23-2009)