Other land disturbances which result in a hazardous condition
shall subject the property owner to the remediation provisions of this chapter.
The burden of proof shall be upon the Planning Board to ascertain that a hazardous
condition exists. In the event that a hazardous condition is found to exist,
the Planning Board, after a public hearing, shall impose appropriate conditions
upon the applicant to remedy the hazardous condition. All costs incurred by
the Planning Board, including but not limited to engineers', surveyors', attorneys'
fees and any other legal, billing and collection costs, shall be borne by
the property owner. If any of the remediations are performed by the Village
or its agents, all the costs it incurs in effecting such remediation and any
other costs, including but not limited to labor, equipment, materials, contractual
expenses and insurance or any other consequential costs incurred on or off
the owner's property, shall be borne by the property owner. If such owner
shall fail to pay the costs and expenses incurred by the Village within 10
days after being notified of the costs thereof by certified mail, the Village
Clerk shall file with the assessing authority of the Village, immediately
preceding the time for making the annual assessment roll, a certificate of
such actual cost and expenses with a statement as to the property upon which
such cost and expenses were incurred. The Assessor, in the preparation of
the next assessment roll of the general Village taxes, shall assess such amount
upon such property, and the same shall be levied, collected and enforced in
the same manner, by the same proceedings, at the same time, under the same
penalties and having the same lien upon the property assessed as the general
Village tax and as a part thereof. This section shall not bind any person
permitting or causing land disturbance prior to the adoption of this chapter,
if it is determined by the Planning Board that no environmental hazard exists.
