A.
The Local Administrator, or his designees may, in their sole discretion,
order the work being performed on any property, building or structure
suspended forthwith if he or she has reasonable grounds to believe
that the work is being performed in an unsafe and/or dangerous manner;
or the work in not in conformity with the floodplain building permit
application, plans and/or specifications approved by the Department
or with the permit issued by the Town; or the work is in violation
of the Code of the Town of Huntington, the Building Codes of the State
of New York and/or other applicable law, ordinance, rule or regulation;
or jeopardizes the health, welfare or safety of the public or surrounding
community; or is injurious to Town property or the property of others.
B.
The stop-work order shall be in writing and shall state the conditions
under which the work may be resumed. The permit holder shall be provided
with a copy of the stop-work order by delivering it to him or her
in person, or to their agent or person in charge of the property or
work; or by posting the stop-work order in a conspicuous place on
the property. In all instances the Department shall mail a copy of
the stop-work order to the permit holder or property owner by certified
mail return receipt requested to the address shown on the application
for a building permit.
C.
It shall be unlawful for any person to remove, alter, obscure, deface,
change or otherwise tamper with any portion of a stop-work order that
has been posted by the Town. The property owner and/or permit holder
shall be strictly liable for a violation of this section. In addition
to any other penalty provided for herein, the Local Administrator
may revoke the permit.
D.
Upon the issuance of a stop-work order, all activities shall be immediately
suspended until the stop-work order is rescinded. Notwithstanding
the issuance of a stop-work order, the Local Administrator, may, in
his sole discretion, permit any part of the work to continue if, in
his or her judgment, same is necessary to protect the health and safety
of persons; or to preserve and safeguard the premises or any portion
of the buildings or structures located therein; or to protect the
surrounding community or Town property or the property of others.
Such officials may also require the property owner and/or permit holder
to take such temporary action as is deemed necessary by the Town to
protect the site or the welfare and safety of persons or property
pending resolution of the stop-work order. It shall be unlawful and
a violation of this section for any person to perform any work or
other activity in violation of a stop-work order issued by the Town;
or to deviate in any way from the work or activity permitted by the
Town pending resolution of the stop-work order; or to disobey a lawful
order of the Town. In addition to any other penalty provided for herein,
the Local Administrator may revoke the permit.
[Amended 11-6-2019 by L.L. No. 56-2019]
(A)
No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with a permit or approval, shall constitute a violation. Any person or business entity who violates any provision of this chapter, or fails to comply with any condition shall, upon conviction thereof, be fined no less than one thousand ($1,000) dollars and no more than five thousand ($5,000) dollars or imprisoned for not more than fifteen (15) days or both such fine and imprisonment. Each day, or part thereof, the violation continues shall be considered a separate offense. Any person or entity found by the Bureau of Administrative Adjudication to have violated any provision of this chapter shall likewise be subject to a monetary penalty within the range of fines authorized herein for any offense or continuing offense. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under Article V will be declared non-compliant and notification sent to the Federal Emergency Management Agency.
(B)
Notwithstanding the provisions of § 168-40(A), any person or business entity who is in charge of the property who disregards a stop work order shall upon conviction be guilty of a misdemeanor, punishable by a fine of not less than five hundred ($500) dollars nor more than five thousand ($5,000) dollars, or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment for a first offense; for a second offense, committed within five (5) years of the first offense, a fine of not less than one thousand ($1,000) dollars nor more than ten thousand ($10,000) dollars, or by imprisonment not exceeding six (6) months or by both such fine and imprisonment, and for a third or subsequent offense, committed within five (5) years of the first offense, a fine of not less than one thousand five hundred ($1,500) dollars nor more than fifteen thousand ($15,000) dollars or by imprisonment not exceeding nine (9) months, or by both such fine and imprisonment. Each day, or part thereof, such violation continues, shall constitute a separate offense punishable in like manner. Any person or entity found by the Bureau of Administrative Adjudication to have disregarded a stop work order shall likewise be subject to a monetary penalty within the range of fines authorized herein for a first offense, subsequent offenses and continuing offenses, respectively.
[Amended 9-14-2021 by L.L. No. 50-2021]
(C)
In addition to criminal and civil penalties set forth herein or in
other applicable law, rule or regulation, the Town Attorney is authorized
to pursue civil and equitable relief in the name of the Town in a
court of competent jurisdiction, including but not limited to compensatory
actions; civil penalties in the amount of two hundred and fifty ($250.00)
dollars per day or any part thereof; an action to compel compliance
with or to restrain by injunction the violation of this chapter; and
other remedies which in the opinion of the Town Attorney may seem
necessary and proper. Any civil monetary penalty awarded may be added
to the tax bill of the property where the violation has occurred and
shall be collected in the same manner.
(D)
In any civil or equitable action or proceeding commenced in the name
of the Town of Huntington in a court of competent jurisdiction for
violations of this chapter, if the Town is successful in its action
or proceeding, it can expect attorney fees to be paid in addition
to other civil penalties.
(E)
The remedies provided in this Chapter are not exclusive of any other
remedies available under applicable federal, state or local law.
