(A) This chapter may be enforced in either the Steuben or LaGrange County courts by the bringing of a civil action for enforcement by any of the following: the town; any citizen of the town; any resident or owner or property in the town; or any resident or owner of property within the jurisdictional area covered by this chapter. In the case of an individual suit, the person bringing the action must be able to demonstrate they have been, or are likely to be, impacted by a past, present or threatened violation of this chapter.
(B) In the event the court finds a violation of this chapter, fines for each separate violation shall be assessed in an amount equal to the maximum allowable daily fine which may be imposed by a municipality for each separate violation of its ordinances. Violations of separate sections and each day any violation continues are all considered separate violations. All assessed fines shall be paid to the town, regardless of who initiates and prosecutes the enforcement action.
(C) In the event of damage to private property or persons, including any diminished value in real estate, then, such an individual shall be entitled to an award of all damages reasonably found to have resulted from violation of this chapter.
(D) All owners of any CAFO or lands where any CAFO operation takes place, including the discharge of waste, shall be held strictly, and jointly and severally, liable for all fines and damages assessed in any enforcement action that relate to their CAFO operations or lands. Negligence or fault need not be shown to establish a violation.
(E) Shareholders of privately held corporations, or partners of limited partnerships, operating or owning any aspect of CAFO operations, including lands used for the discharge of CAFO waste, shall be liable in their individual capacities for any damages and fines that relate to their corporation’s or partnership’s CAFO operations, but only if the court finds such person knew, or should have known, of the violation and such person failed to report it to the town within 24 hours of when that person first knew or should have know of the violation.
(F) Any person, firm or entity performing any engineering, architectural, and construction services in relationship to any CAFO facilities or operations also shall be liable for any and all violations of this chapter, if the violation can be shown to have resulted from deficiencies in the plans or services provided by such individuals, firms or entities.
(G) Until paid, damages and fines as assessed shall become a lien upon all property in the state held by a person or entity found to be liable.
(Ord. 230-07, passed 1-8-2007)