Village of Rye Brook, NY Enforcement

Inspection. Any site for which an application has been submitted shall be subject to inspection at any reasonable time, including weekends and holidays, by the approval authority or its designated representatives. When feasible, notice will be provided to applicants of any site inspection that is to be performed on a weekend, legal holiday, or between the hours of 6:30 p.m. and 8:00 a.m.

Administrative sanctions.

[Amended 8-24-2004 by L.L. No. 16-2004; 3-22-2005 by L.L. No. 5-2005]

(1)

Damages. Any person who undertakes any activity regulated by this chapter without a permit issued hereunder, or who violates, disobeys or disregards any provision of this chapter, shall be liable to the Village for civil damages caused by such a violation for every such violation. Each consecutive day of the violation will be considered a separate offense. Such civil damages may he recovered in an action brought by the Village on behalf of the approval authority in any court of competent jurisdiction.

(2)

Restitution. The Planning Board shall have the authority to direct the violator to restore the steep slope area to its condition prior to the violation, insofar as that is possible, within a reasonable time and under the supervision of the Superintendent of Public Works/Village Engineer or his or her designate. Further, the Planning Board shall have the authority to require an adequate performance guaranty in a form and amount deemed necessary by the Planning Board to insure the restoration of the affected steep slope area.

[Amended 10-27-2020 by L.L. No. 9-2020]

(3)

Stop-work order; revocation of permit. In the event that any person holding a permit issued pursuant to this chapter violates the terms of the permit, fails to comply with any of the conditions or limitations set forth in the permit, exceeds the scope of the activity as set forth in the application or operates so as to be materially detrimental to the public welfare or injurious to a steep slope area, the Planning Board may suspend or revoke the permit, as follows.

(a)

Suspension of a permit shall be by a written stop-work order issued in accordance with the provisions of Chapter 214. The stop-work order shall remain in effect until the Building Inspector or Superintendent of Public Works/Village Engineer is satisfied that the permittee has complied with all terms of the subject permit or until a final determination is made by the Planning Board as provided in Subsection B(3)(b) immediately below.

[Amended 10-27-2020 by L.L. No. 9-2020]

(b)

No steep slope work permit shall be permanently suspended or revoked until a public hearing is held by the Planning Board. Written notice of such hearing shall be served on the permittee, either personally or by registered mail, and shall state the grounds for complaint or reasons for suspension or revocation and the time and place of the hearing to be held. Such notice shall be served on the permittee at least one week before the next regularly scheduled public meeting of the Planning Board. At such hearing, the permittee shall be given an opportunity to be heard and may call witnesses and present evidence on his behalf. At the conclusion the hearing, the Planning Board shall determine whether the permit shall be reinstated, suspended or revoked.

Fines. Any person deemed to have violated or disobeyed any provision hereof, any order of the Superintendent of Public Works/Village Engineer, the Planning Board, or the Building Inspector or any condition duly imposed by the approval authority in an approval or work permit granted pursuant to this chapter, shall be punishable by a fine of not less than $500. Each consecutive day of the violation shall be considered a separate offense.

[Amended 3-22-2005 by L.L. No. 5-2005; 10-27-2020 by L.L. No. 9-2020]