New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter LXXXIII - Buffalo Water Board
Part 10085 - Buffalo Water Board Regulations
Section 10085.14 - Administration and enforcement

Universal Citation: 21 NY Comp Codes Rules and Regs ยง 10085.14

Current through Register Vol. 46, No. 39, September 25, 2024

(a) In addition to the powers set forth elsewhere in these regulations or the city code, the water board, acting by and through the commissioner, may take any or all of the following actions with respect to property owners or users receiving water service from the water board whenever he or she determines that any provision of these regulations is violated or the standards of care contravened:

(1) terminate water service;

(2) require correction of violations within a set timeframe;

(3) require connection, disconnection, modification and/or construction of appropriate devices or structures;

(4) require the payment of real costs, as determined by the commissioner based on reasonable assessment of the real costs incurred resulting from the violation or damage;

(5) correct the violation with city personnel and charge the property owner or user for the real cost of such correction; or

(6) delegate and/or assign duties prescribed herein of the commissioner to other employees of the department or the city.

(b) Except in the event of an emergency, reasonable advance notice of the action to be taken will be given by the commissioner. Once notice is given, and if the property owner or user contests the action imposed, the property owner or user will have 10 business days to respond in writing to the notice of violation.

(c) If a response contesting the action is entered, then the property owner or user may, at the discretion of the commissioner, be afforded the opportunity to meet with the commissioner to resolve the matter by mutual consent. If settlement cannot be reached, then, upon written request of the property owner or user, the commissioner shall refer the matter to the water board for a determination with respect to any remedy the water board decides to pursue. Following such decision of the water board, the water board may commence an action, in any court having jurisdiction thereof, seeking appropriate legal and/or equitable relief, including injunctions against the violative activity, from property owners or users violating any of the provisions of this Part.

(d) The commissioner may establish administrative procedures, technical specifications, or guidances to implement any and all sections of this Part.

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