It is the intention of the Town Board of the Town of Oyster
Bay to enable the Town Attorney to pursue any necessary relief in
a court of competent jurisdiction for violations of the Code of the
Town of Oyster Bay ("Town Code"). Civil actions may be necessary to
compensate and preserve the rights of the public where criminal sanctions
are inadequate. In addition, it is the intention of the Town Board
to establish an administrative adjudication hearing procedure for
violations of the Town Code under the provisions of Section 380 of
the New York State General Municipal Law, and to authorize the Town
Attorney to redress applicable code violations utilizing such procedure
as deemed appropriate. The establishment of this administrative adjudicative
procedure shall in no way limit the authority of the Town Attorney
to seek criminal penalties and/or to seek civil relief in the name
of the Town in a court of competent jurisdiction as authorized by
law.
The Town Attorney is authorized to pursue, in addition, to any
criminal penalties set forth in the Town Code or other applicable
law, civil relief in a court of competent jurisdiction, including
but not limited to compensatory actions, actions in equity, civil
monetary penalties or any other civil remedy which in the opinion
of the Town Attorney may be deemed necessary under the circumstances.
Such civil relief may be sought in a court of competent jurisdiction
or before the Bureau of Administrative Adjudication as set forth below
whenever permitted by law. Any civil monetary penalty assessed may
be added to the tax bill liability of the subject property where the
violation occurred.
There shall be a Bureau of Administrative Adjudication ("the
Bureau") which shall conduct adjudicatory proceedings for all violations
of the Town Code relating to conditions which constitute a threat
or danger to the public health, safety or welfare. The Bureau is authorized
to render decisions and orders and to impose monetary penalties as
provided by law for such violations. Such monetary penalties shall
be civil in nature. The Bureau shall not have the power to impose
criminal penalties or to sentence a person found to have violated
the Town Code to a term of imprisonment. In addition, the Bureau shall
not have the power to rule on the constitutionality of any provision
of the Town Code, any administrative or adjudicatory procedure, or
any action taken by an official or employee of the Town of Oyster
Bay.
OFFENSE
As used throughout the Town Code, the term "offense" refers
to any conduct in violation of the Town Code for which a sentence
to a criminal fine and/or term of imprisonment may be imposed by a
judge in a criminal proceeding upon conviction. Notwithstanding the
use of the terms "violation" and "notice of violation" in the Town
Code, any offense set forth in the Town Code shall be classified as
a felony, misdemeanor or violation based on the sentence provided
therefor, as set forth in New York State Penal Law § 55.10.
SUMMONS or APPEARANCE TICKET
As used throughout the Town Code, the terms "summons" and
"appearance ticket" refer to the manner in which a criminal defendant
may be given notice as to the commencement of a criminal proceeding
charging an offense against the Town Code, as set forth in New York
State Criminal Procedure Law § 1.20(26) and (27).
VIOLATION
For purposes of this chapter and throughout the Town Code,
the term "violation" refers to any conduct which fails to comply with
the requirements of the Town Code or any other applicable provision
of law. The term "notice of violation" refers to the written instrument
commencing an adjudicatory proceeding before the Bureau of Administrative
Adjudication pursuant to this chapter, as well as to any other document
so designated in any other chapter of the Town Code for purposes of
providing notice of a code violation.
Any order or subpoena or any final decision or determination
rendered by an administrative law judge or the appeals panel shall
be subject to enforcement in an action or proceeding commenced in
a court of competent jurisdiction by the prevailing party including
the Town of Oyster Bay.
Decisions, determination and orders issued by an administrative
law judge or the appeals panel shall not be cited, and shall not be
considered precedent nor be given any force or effect in any criminal
proceeding.