Town of Somers, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Somers 2-13-1963. Section 94-4A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 170.
The excavation of sand, gravel, top- or common soil, peat or humus is hereby prohibited except as hereinafter provided.
The excavation of the aforesaid materials is hereby permitted, provided that a permit therefor shall have been duly issued in accordance with and subject to the provisions of § 170-61 of Chapter 170, Zoning, and any amendments thereto.
This chapter shall not apply to excavations specified in said § 170-61J of Chapter 170, Zoning.
A. 
Any violation of this chapter shall be punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. Each day's continued violation shall constitute a separate additional violation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In addition, any person violating this chapter shall be liable to a civil penalty to be recovered by and in the name of the Town of Somers:
(1) 
In an amount reasonably necessary to eliminate any hazardous or unhealthful conditions and so as to make the property involved available for a lawful use and not left as a barren or waste land unusable for any lawful purpose, which amount shall be determined by the Board of Appeals, having due regard to all the circumstances of the particular case, after public hearing upon due notice as provided in § 170-105 of Chapter 170, Zoning, as amended; or
(2) 
In the amount of $100 for each day's continued violation, whichever amount may be the greater.
C. 
The Town Board may also institute and maintain such other action or proceeding as may be authorized by law, in addition to any one or more of the foregoing.
D. 
The term "person violating this chapter" shall include any individual, firm or corporation who violates or in any way aids, abets or participates, directly or indirectly, in the violation hereof.