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 150 of 240

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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 ofthe discharger.

§ 205-67. Injunctive relief.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of
this article. If a person has violated or continues to violate the provisions of this article, the SMO may petition
for a preliminary or permanent injunction restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation of the violation.

§ 205-68. Alternative remedies,

A. Where a person has violated a provision of this article, he/she may be given alternative remedies in lieu of
  a civil penalty, upon recommendation of the Village Attorney and concurrence of the SMO, where:

  ( 1) The violation was unintentional;

  (2) The violator has no hist01y of previous violations of this chapter;

  (3) Environmental damage was minimal;

  (4) The violator acted quickly to remedy violation; and/or

  (5) The violator cooperated in investigation and resolution.

B. Alternative remedies may consist of one or more of the following:

  (I) Attendance at compliance workshops;

  (2) Storm sewer stenciling or storm sewer marking; and/or

  (3) River, stream, or creek cleanup activities.

§ 205-69. Violations deemed public nuisance.

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this article is a threat to public health, safety, and welfare, and is declared
and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil
action to abate, e11ioin, or otherwise compel the cessation of such nuisance may be taken.

§ 205-70. Remedies not exclusive.

The remedies listed in this article are not exclusive of any other remedies available under any appl icable
federal, state or local law and it is within the discretion of the authorized enforcement agency to seek
cumulative remedies.

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