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August 12, 2026 F. Determination of abandonment or inoperability. A determination of the abandonment or inoperability of a Solar Energy System shall be made by the Town Code Enforcement Officer, or a designee appointed by the Town, who shall provide the applicant/owner/operator with written notice of such determination by personal service or certified mail. The applicant/owner/operator may appeal the Code Enforcement Officer's determination of abandonment or inoperability by written request to the Town Board filed within 30 days of the owner's receipt of the written notice from the Code Enforcement Officer. The Town Board shall hold a public hearing on the owner's appeal on not less than 10 days' written notice to said owner. Any person aggrieved by the decision of the Town Board, following such hearing may apply to the Supreme Court for review under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the filing of the Town Board's decision in the office of the Town Clerk. G. Alterations. Any post-construction changes or alterations to a Tier 3 or 4 Solar Energy System shall be done only after amendment of the special use permit and/or site plan (if required) and/or the building permit, and subject to all requirements of this chapter. H. Transferability. Special use permits for Utility-Scale Solar Energy Systems shall be assignable or transferable so long as they are in full compliance with this chapter, and the Code Enforcement Officer or his appointed designee is notified in writing at least 60 days prior thereto. If it is anticipated that the applicant/owner/operator, its successor or assigns of the Tier 3 or Tier 4 Solar Energy System is going to change or that the owner of the parcel is going to change, the new applicant/owner/operator shall notify the Code enforcement officer of such anticipated change in ownership or operator within 60 days prior to the ownership change. The successor applicant/owner or operator shall assume in writing all of the obligations within the decommission plan. Proof of acknowledgement of the decommission plan and proof of the continuation of the security after the transfer/change in ownership shall be provided to the Town 60 days prior to the time of ownership change; failure to comply with this section may result in revocation of all permits and approvals issued with regard to the Tier 3 and/or Tier 4 Solar Energy System. I. Contact Information for Owner’s Designated Contact. The Owner shall maintain current contact information including name, address, email address, and cell phone number on file with the Town Clerk. Changes in the designated contact information must be filed with the Town Clerk within 10 days. § 172-10. Enforcement; remedies; penalties. A. Enforcement authority. The Code Enforcement Officer, Town Board, Town Attorney, and any other officer or employee designated by the Town Board shall have authority to administer and enforce the pr ovisions of this chapter, any permit, special use permit, site plan approval, building permit, decommissioning plan, emergency response plan, operation and maintenance plan, landscaping and screening plan, agricultural mitigation plan, host community agreement, escrow agreement, security instrument, or other condition or requirement imposed pursuant to this chapter B. Violations. It shall be a violation of this chapter for any applicant, landowner, owner, operator, lessee, successor, assign, contractor, or other person or entity responsible for a Solar Energy System to: (1) Construct, install, operate, maintain, modify, repair, transfer, abandon, or decommission a Solar Energy System except in compliance with this chapter and all approvals issued hereunder; (2) Fail to comply with any condition of a special use permit, site plan approval, building permit, decommissioning plan, operation and maintenance plan, emergency response plan, landscaping or screening plan, agricultural mitigation plan, stormwater pollution prevention plan, road use agreement, host community agreement, escrow agreement, or other Town approval or agreement applicable to the Solar Energy System; (3) Fail to maintain the Solar Energy System, project site, landscaping, screening, fencing, access roads, stormwater controls, signage, emergency access, electrical equipment, or other approved project components in good repair and in accordance with the approved plans; (4) Fail to maintain, renew, replenish, replace, or provide required financial security, escrow funds, insurance, inspection reports, certifications, notices, or other required submissions; (5) Fail to permit inspection by the Town or its designated representatives as authorized by this chapter or any approval issued hereunder; (6) Fail to provide required notice of discontinuance, abandonment, inoperability, damage, repair, transfer, ownership change, operator change, or other material change affecting the Solar Energy System; (7) Fail to complete construction, repair, decommissioning, removal, restoration, mitigation, or corrective action within the time required by this chapter, by permit condition, or by written order of the Town; 23