A. Emissions Where Flash Point Known: If the town engineer finds, after making determinations in the manner set forth in this section, that there is a violation of performance standards relating to emission of smoke, fire and explosive hazards where flash point of flammable materials is known, humidity, heat, glare or electromagnetic interference, he shall take, or cause to be taken, lawful action to cause correction to within the limits set by such performance standards. Failure to obey lawful orders concerning such correction shall be punishable as provided in this code. The minimum fine to be imposed against the industrial user shall be two hundred dollars ($200.00) for each day of noncompliance.
B. Emissions Where Flash Point Not Known: If, in the judgment of the town engineer, there is a probable violation of the performance standards as set forth in this chapter concerning emission of particulate matter, vibration, noise, fire, explosive hazards where flash point of flammable materials is not known, toxic or noxious matter, odorous matter, or radiation hazards, the following procedures shall be followed in the case where there is not a threat to life or health:
1. The town engineer shall give written notice by registered or certified mail to the person(s) responsible for the alleged violations. The notice shall contain the following:
a. Details and particulars of alleged violations.
b. The official's justification regarding why occurrence is a violation.
c. A time limit for either correction of alleged violation or other such response.
2. The notice shall further state that upon request of those to whom it is directed, technical determinations as described in this title will be made and that if violations, as alleged, are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate, but if it is determined that no violation exists, the cost of the determination will be paid by the town.
3. If there is no reply within the time limit set, but the alleged violation is corrected to the satisfaction of the town engineer, he shall note "violation corrected" on his copy of the notice, and shall retain it among his official records, taking such other action as may be warranted.
4. If there is no reply within the time limit set and the alleged violation is not corrected to the satisfaction of the town engineer within the time limit set, he shall proceed to take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.
5. If reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the town engineer, but requesting additional time, the town engineer may grant an extension, if he deems it warranted in the circumstances of the case and if the extension will not, in his opinion, cause peril to life, health or property.
6. If reply is received within the time limit set requesting technical determination as provided in this title and if the alleged violations continue, the town engineer may call in properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the costs of the determinations shall be assessed against the properties or persons responsible for the violation, in addition to such other penalties as may be appropriate under the terms of this code. If no violation is found, the costs of determination shall be paid by the town without assessment against the properties or persons involved. (2006 Code)