(a) Notice of violation.
(1) Whenever the town or an authorized enforcement agency finds that a person has violated a prohibited act or failed to meet a requirement of this article, the town or the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(A) The elimination of illicit connections or discharges.
(B) The issuance of cease and desist orders.
(C) The abatement or remediation of storm water pollution or contamination hazards and restoration of any affected property.
(D) The implementation of source control or treatment BMPs.
(2) 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 may be done by a designated governmental agency or a contractor and the expenses thereof shall be charged to the violator.
(b) Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be received within ten days from the date of the notice of violation. Hearing on the appeal shall be before the town Code Enforcement special magistrate and shall take the date of receipt of the notice of appeal. The decision of the town shall be final.
(c) In addition to any fines that may be imposed, any person responsible for illicit or illegal discharges, or noncompliance with BMPs at industrial and/or construction sites, and who fails to correct any prohibited condition or discontinue any prohibited activity at the order of the authorized enforcement agency shall be liable to the town for the expenses incurred in abating pollution, including expenses incurred in testing, measuring, sampling, collecting, removing, treating, and disposing of the polluting materials and preventing further noncompliance and/or illicit discharges.
(d) Persons responsible for violation of this article shall be liable for all costs incurred by the town in sampling, analyzing and/or monitoring the discharge, together with all state and/or federal fines imposed as a result of the discharge and cost of removing, remedying or properly treating the discharge.
(e) Any person found in violation and/or who fails to comply with the requirements of any provision of the article shall, without limitation on the town’s legal recourse, be subject to prosecution before the town’s Code Enforcement special magistrate. Each day of violation shall constitute a separate violation.
(f) The town may elect to take any or all of the above remedies concurrently, and the pursuit of one shall not preclude the pursuit of another.
(Ord. 2008-04, adopted 4-16-08; Am. Ord. 2020-05, adopted 10-21-20)