In addition to any other remedy the Town has in law or equity,
the Mayor or his/her designee is authorized to issue written orders
ordering any person in violation of this ordinance to cease activities
which do or may violate this ordinance and to desist from the same;
where such activities cause damage or injury to property within the
Town, whether such property be land, a road, a building, an aquifer,
a well, watercourse or other asset, public or private, the Mayor or
his/her designee may order such person to remedy the damage or injury
and to restore, at such person's sole cost and expense, the property
to the condition in which it was prior to such damage or injury. A
violation of this ordinance may be punished by a fine of $250 per
violation, with each day any violation of this ordinance shall continue
constituting a separate offense. The Town may pursue other penalties,
fines and remedies allowable by law. Any person receiving a cease-and-desist
or remedial order or fine from the Mayor or his/her designee may,
within 15 days of the receipt of a cease-and-desist order, remedial
order or fine, appeal to a three-person Appeal Board composed of the
Director of Health, the Director of Public Works and an elector designated
by the Mayor. Any appeal shall be filed and shall proceed and be conducted
and adjudicated in accordance with the procedure set forth in § 5-22
of the New Milford Code of Ordinances. Any cease-and-desist order,
remedial order or notice of fine shall be sent by certified mail,
return receipt requested, to any address of the violator on file in
the Town of New Milford or State of Connecticut, the street address
of the subject property if a property owner is involved, or the business
address on the violator's forms or correspondence, together with a
duplicate regular mailing of same. Receipt shall be conclusively presumed
to have occurred the third day following the date of mailing, irrespective
of whether the certified mailing is refused or neglected, provided
the regular mailing was timely sent.
Ord. of 7-10-2017
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