Any person found guilty by a court of competent jurisdiction of any provision or requirement of this chapter or of any of the terms and conditions of its permit or license, or any emergency regulation of the Town Board duly issued under this chapter, shall be guilty of an offense punishable by a fine of not less than $10,000 per offense and/or by imprisonment not exceeding six months. In lieu of or in addition to such criminal penalties, each person found to be in violation of any provision of this chapter shall be subject to a civil penalty of not less than a formal written warning and not more than $5,000 per violation, which may be imposed at the discretion of the Town Board after hearing as provided below. Each day of a continuing violation shall constitute a separate offense or violation and shall be subject to a separate fine and/or civil penalty.
The Town Board may, after notice and an opportunity for a hearing, revoke any permit or license issued pursuant to this chapter if the person holding such permit violates any provision of this chapter or of any provision or condition contained in any permit issued pursuant to this chapter; such remedy shall be in addition to the penalties and remedies prescribed in this chapter.
A. 
No permittee or licensee shall have its permit or license suspended, modified or revoked nor shall the Town Board refuse to renew or modify a permit or license without the permittee or licensee having first been granted the opportunity for a hearing in accordance with the procedures set forth below.
B. 
Notwithstanding the above, the Town Board may, without hearing and at its sole discretion, immediately suspend a permit or license in accordance with the standards set forth in this chapter, without a hearing, provided that the Town Board serves the permittee or licensee with a notice of hearing along with a written notice of such suspension and provides an expeditious post-suspension hearing in accordance with the provisions herein set forth.
A. 
Upon an initial determination by the Town Board that, under the standards set forth in this chapter, the Town Board is entitled to suspend a permit or license; to revoke a permit or license; to deny a permit or license modification request; to deny a permit or license renewal; or to take any other appropriate action against the privileges of a permittee or licensee, the Town Board shall cause to be held a hearing before a hearing officer selected by the Town Board.
B. 
In all such cases, the Town Board shall issue a written notice of hearing, by certified mail, return receipt requested, to the permittee or licensee at the last known business address of such permittee or licensee, except where a permit or license has been suspended, in which case, the notice of hearing shall be served personally on the permittee or licensee, except for a notice of violation to the driver of a vehicle required to be licensed, but which is not displaying the decal required by this chapter, which may be issued in the form of a standardized traffic ticket by a police officer within the Town of Goshen.
(1) 
The personal service required to be made upon such permittee or licensee shall be made in accordance with the provisions of the New York State Civil Practice Law and Rules. Service of the notice of hearing shall be effective as of the date of mailing or the date on which personal service was effected.
(2) 
The notice of hearing shall clearly and concisely advise the permittee or licensee of the Town Board's initial determination of decision relating to such permit or license and of the permittee's or licensee's right to a hearing pursuant to same.
(3) 
The hearing shall be held as soon as possible, but in no case later than 60 days after service of the notice of hearing upon the permittee or licensee. Notwithstanding the above, a hearing required pursuant to the Town Board's determination to suspend or revoke a permit or license shall be held not later than 15 days after service of the notice of hearing. In the case of a suspension, at the discretion of the Town Board, the permittee or licensee may sign an agreement with the Town Board whereby the permittee or licensee will commit to remedy the condition which endangers the health, safety or welfare of the public or to otherwise remedy the condition which is the basis of such determination of suspension by a date certain; the reinstatement of the permit or license being conditioned upon such performance.
(4) 
The notice of hearing shall include the following:
(a) 
The time, place and nature of the hearing;
(b) 
A statement of the legal authority and jurisdiction under which the hearing is to be held;
(c) 
A statement outlining the matters asserted, including alleged facts supporting the initial determination, the license violation or the license suspension;
(d) 
A notice that, upon application of the respondent, a more detailed and definite statement of the matters being asserted will be provided. The Town Board shall make the determination as to whether the initial statement of the matters asserted is not sufficiently definite. Such determination by the Town Board shall not be subject to judicial review;
(e) 
The respondent's right to present evidence;
(f) 
The respondent's right to examine and cross-examine witnesses;
(g) 
The respondent's right to be represented by counsel;
(h) 
A statement that the respondent's failure to appear shall constitute a default by the respondent and that the hearing may proceed in the respondent's absence and a determination made based solely upon evidence submitted by the Town Board;
(i) 
That a respondent may waive his right to a hearing and accept the initial determination of the Town Board, without objection, by signing where indicated on and returning the notice of hearing to the Town Board together with any fine which was assessed by the Town Board in conjunction with such determination. Upon the receipt of such a properly completed acknowledgment by the Town Board, the Town Board shall file the same with the hearing officer, along with a notice of cancellation of hearing;
(j) 
The name and address of the hearing officer for the filings of any notices or papers pursuant to such proceedings.
C. 
The hearing officer shall not be bound by the strict rules of evidence in the conduct of a hearing initiated pursuant to this chapter, but his or her findings of fact and conclusions of law shall be founded upon a fair preponderance of the evidence presented at the hearing. The hearing officer shall admit and consider any evidence of mitigation offered by the permittee or licensee.
D. 
After the conclusion of a formal hearing, the hearing officer shall prepare and issue a report containing a summary of the evidence, findings of fact, conclusions of law and recommendation(s) to the Town Board.
E. 
The recommendations of the hearing officer may include, but shall not be limited to, a recommendation as to whether the Town Board's initial determination should be rescinded, affirmed, or modified and/or whether a suspended or revoked license should be reinstated unconditionally or upon the condition that the threat to the health or safety or welfare of the public is remedied by the permittee or licensee in a specified manner according to a specified timetable.
F. 
Upon the conclusion of a formal hearing and after consideration of the hearing officer's report and recommendations, and any evidence of mitigation, the Town Board shall make a final determination based on a fair preponderance of the evidence, and shall execute an administrative order implementing such decision.
G. 
Permit or license violations; failure to pay fines or penalties.
(1) 
In the case of permit or license violations, the order of the Town Board may include, but shall not be limited to: the assessment of civil penalties, as provided by this chapter; the approval of a stipulation of settlement which shall include, but not be limited to, a plan and schedule to remedy the condition which caused the violation, if such measures are necessary and appropriate to correct the violation; and suspended penalties.
(2) 
The failure to pay any such criminal fines or civil penalties as may be assessed pursuant to this chapter shall constitute separate grounds for suspension, revocation or nonrenewal of a license. The only issue to be resolved at a hearing which is conducted pursuant thereto is whether or not the penalty was paid.
H. 
Where any violation of this chapter by a permittee or licensee has caused the Town Board to incur any expenses with respect to enforcement, such expenses may be charged to the permittee or licensee. In the discretion of the Town Board, such expenses may be separately collected in a civil suit against the permittee or licensee, brought by the Town's Attorney in the name of the Town in a court of competent jurisdiction, in the event that the licensee refuses to pay such charges voluntarily.
In addition to the penalties and remedies provided above, an action or proceeding in the name of the Town may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this chapter, or of the provisions and conditions contained in any permit or license issued pursuant to this chapter.