New Castle |
Code of Ordinances |
Part II. General Legislation |
Chapter 108B. Illegal Discharges and Illicit Connections |
§ 108B-15. Corrective measures after appeal.
Latest version.
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A.If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within five business days of the decision of the Town Board upholding the decision of the SMO, then the SMO shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property.B.If refused access to the subject private property, the SMO may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the SMO may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger.C.Within 10 days after abatement of the violation by or under authorization of the SMO, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest with the Town Board objecting to the amount of the charges within 10 days of receipt of said notice. If the amount due is not paid within 30 days after the disposition of any protest or the expiration of the time to file an appeal, whichever is earlier, the charges shall become a lien on the property to be collected in the same manner as real estate taxes.