§ 102-140. Summary abatement.  


Latest version.
  • A. 
    Notwithstanding any inconsistent provisions of this Part 3, whenever the Town finds, after investigation, that any user is causing, engaging in, or maintaining a condition or activity which, in the judgment of the Town, presents an imminent danger to the public health, safety or welfare, or to the environment, or is likely to result in severe damage to the sewage treatment plant or the environment, and it therefore appears to be prejudicial to the public interest to allow the condition or activity to go unabated until notice and an opportunity for a hearing can be provided, the Town may, without prior hearing, order such user by notice, in writing, wherever practicable, or in such other form as practices are intended to be proscribed, to discontinue, abate or alleviate such condition or activity, and thereupon such person shall immediately discontinue, abate or alleviate such condition or activity; or where the giving of notice is impracticable, or in the event of a user's failure to comply voluntarily with an emergency order, the Town may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed 15 calendar days, the Town shall provide the user an opportunity to be heard, in accordance with the provisions of this article.
    B. 
    If the user is not within the geographic boundaries of the Town, the right of summary abatement to discontinue, abate or alleviate conditions or activities shall be those prescribed in the intermunicipal agreement.
    C. 
    The Town, acting upon the belief that an emergency exists, shall be indemnified against any personal liability that may arise in the performance of its duties to protect the public health, safety or welfare, or to preserve the sewage treatment plant or the environment.
    MISCELLANEOUS