Southtowns Record

Village Board agenda — May 4, 2026

Government
Village of East Aurora
Board
Village Board
Meeting
May 4, 2026
Kind
Agenda
Topics
Water, sewer and drainage, Zoning and land use, Public safety, Budget and taxes, Parks and recreation, Roads and traffic, Audits and oversight, Moratoriums, Energy and data center siting, Short-term rentals, Housing

Original document

Same meeting

Text · page 149 of 240

Read the whole document on one page (all 240 pages, each with its own heading)

A.  Notice of violation.

(1) When the SMO finds that a person has violated a prohibition or failed to meet a requirement of this article,
  he or she may order compliance by written notice of violation to the
  responsible person. Such notice may require, without limitation:

  (a) The elimination of illicit connections or discharges;

  (b) That violating discharges, practices, or operations shall cease and desist;

  (c) The abatement or remediation ofstormwater pollution or contamination hazards and the restoration of
  any affected property;

  (d) The performance of monitoring, analyses, and reporting;

  (e) Payment of a fine; and

  (t) The implementation of somce control or treatment BMPs.

(2) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a
  deadline within which such remediation or restoration must be completed. Said notice shall further advise
  that, should the violator fail to remediate or restore before the established deadline, the work will be done
  by a designated governmental agency or a contractor and the expense thereof shall be charged to the
  violator.

B. Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who
  violates the provisions of this article shall be guilty ofa violation punishable by a fine not exceeding $350
  or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for
  conviction of a second offense, both of which were committed within a period of five years, punishable by
  a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or
  both; and upon conviction for a third or subsequent offense, all of which were committed within a period
  of five years, punishable by a fine not less than $700 nor more than $ 1,000 or imprisonment for a period
  not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and
  judicial officers generally, violations of this article shall be deemed misdemeanors, and for such purpose
  only all provisions oflaw relating to misdemeanors shall apply to such violations. Each week's continued
  violation shall constitute a separate additional violation.

§ 205-65. Appeal of notice of violation.

Any person receiving a notice of violation may appeal the determination of the SMO to the Village Board
within 15 days of its issuance, which Board shall heat· the appeal within 30 days after the filing of the appeal,
and, within five days of making its decision, file its decision in the office of the Village Clerk and mail a copy
of its decision by ce1iified mail to the discharger.

§ 205-66. Conectivc measu!'es aftel' appeal.

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 Village 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 necessaty to abate the violation and/or restore the
  Page 8 of  10

  61