Section 43-0121. Compliance with sewage disposal requirements  


Latest version.
  • 1.  Where  a provision of this chapter, or rules or regulations issued
      pursuant thereto, or the  Public  Health  Law  or  state  sanitary  code
      requires  that the sewage disposal facilities of a building or structure
      proposed to be erected  or  constructed  comply  with  the  requirements
      thereof,  no such building or structure shall be erected, constructed or
      thereafter occupied within  the  boundaries  of  the  Lake  George  park
      without  a  permit  therefor having been first obtained from the village
      within which the real property on which it is to be erected, constructed
      or thereafter occupied is located, or  if  such  real  property  is  not
      located  within a village, from the town within which such real property
      on which it is to be erected,  constructed  or  thereafter  occupied  is
      located.
        2. No such permit for erection or construction shall be granted by any
      such village or town board until the applicant therefor has obtained the
      approval  required  under  the  provisions  of this chapter, or rules or
      regulations issued pursuant thereto, or under the Public Health  Law  or
      state sanitary code and no such permit for occupancy shall be granted by
      any such village or town board until the applicant therefor has obtained
      the  approval required under the provisions of this chapter, or rules or
      regulations issued pursuant thereto, or under the Public Health  Law  or
      state sanitary code.
        3.  The  board of trustees of such a village or a town board of such a
      town may fix reasonable fees for such permits and may each delegate  its
      power  to issue such permits to an officer or employee of the village or
      town, as the case may be.
        4. The action of a village or town board, or of an authorized  officer
      or  employee  thereof, in granting or denying any application for such a
      permit shall be reviewable pursuant to article 78 of the Civil  Practice
      Law and Rules.
        5.  Such a village board of trustees, town board, the Lake George park
      commission or any voter or taxpayer of the village or town in which such
      a building or structure is located shall  have  the  right  to  bring  a
      proceeding   to  enjoin  the  construction,  continued  construction  or
      occupancy of any building or structure which is erected, constructed  or
      occupied without compliance with the requirements of this section.