[Adopted 6-23-1981 by L.L. No. 3-1981]
[Amended 4-25-2023 by L.L. No. 10-2023]
It shall be the duty of the Harbor Master to
administer and enforce the provisions of this chapter.
A.
Whenever the Harbor Master has reasonable grounds
to believe that operations regulated hereby are being conducted in
violation of the provisions of this chapter or not in compliance with
a permit issued pursuant to this chapter, he may notify the owner
of the property or the owner's agent or the person performing such
operations to suspend all operations, and any such person shall forthwith
cease operations until such notice of violation has been rescinded.
[Amended 4-25-2023 by L.L. No. 10-2023]
B.
Such notice shall be in writing, shall specify the
violation and shall state the conditions which must be complied with
and the time within which compliance must be completed before operations
may be resumed. Such notice shall also inform the person to whom it
is directed of his right to apply for a hearing before the Board of
Trustees of the Town of Southold, as hereinafter provided.
C.
Such notice shall be served upon the person to whom
it is directed by delivering it to him personally or by posting the
same in a conspicuous place on the premises where operations are being
conducted and mailing a copy thereof to such person by certified mail
to his last known address.
D.
The Harbor Master may extend the time of compliance
specified in the notice of violation where there is evidence of intent
to comply within the time specified and conditions exist which prevent
immediate compliance.
[Amended 4-25-2023 by L.L. No. 10-2023]
E.
In the event that the person upon whom a notice of
violation has been served shall fail to comply with said notice within
the time specified therein or within the time specified in any extension
of time issued by the Harbor Master, any permit issued to such person
pursuant to this chapter shall be deemed revoked.
[Amended 4-25-2023 by L.L. No. 10-2023]
A.
Any person affected by a notice of violation issued
pursuant to the preceding section hereof may request and shall be
granted a hearing before the Board of Trustees, provided that such
person shall file a written request therefor with the Town Clerk within
10 days after service of the notice of violation. Such request shall
have annexed thereto a copy of the notice of violation upon which
a hearing is requested and shall set forth the reasons why such notice
of violation should be modified or rescinded.
B.
The Town Clerk shall present such request to the Board
of Trustees at its next regular meeting. The Board of Trustees shall
set a time and place for such hearing and shall give the person requesting
the same at least five days' notice of the time and place thereof.
C.
At such hearing, the person requesting the same or
his representative shall be given an opportunity to show cause why
such notice of violation should be modified or rescinded. After such
hearing, the Board of Trustees may sustain, modify or rescind such
notice of violation or revoke any permit previously issued and shall
specify the reasons therefor.
D.
The notice of violation for which a hearing is requested
shall continue in effect pending the hearing and determination of
the Board of Trustees.
A.
It shall be unlawful for any owner, occupant, builder,
architect, contractor or their agents or any person to fail to comply
with any provisions of this chapter or to fail in any manner to comply
with a written notice, directive or order of the Harbor Master or
to conduct any operation in a manner not in compliance with a permit
issued pursuant to this chapter.
[Added 3-22-1988 by L.L. No. 3-1988; amended 1-16-2007 by L.L. No. 3-2007; 4-25-2023 by L.L. No. 10-2023]
B.
For every offense against any of the provisions of
this chapter or any regulations made pursuant thereto or failure to
comply with a written notice or order of the Harbor Master within
the time fixed for compliance therewith, the owner, occupant, builder,
architect, contractor or their agents or any other person who commits,
takes part or assists in the commission of any such offense or who
shall fail to comply with a written order or notice of the Harbor
Master shall, upon conviction thereof, be guilty of a violation punishable
by a fine not to exceed $500 or by imprisonment for a period not to
exceed six months, or by both such fine and imprisonment. Each day's
continued offense shall constitute a separate, additional violation.
[Amended 1-16-2007 by L.L. No. 3-2007; 4-25-2023 by L.L. No. 10-2023]
C.
In addition to the above-provided penalties, the Town
may also maintain an action or proceeding in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of this chapter.
