A.
Rehearing by the Planning Board. Any person making application under the review procedures of Article III and aggrieved by the Planning Board's decision of said application may seek a rehearing by the Planning Board within 20 days from the filing of said decision. Upon receipt of the request for rehearing, the Planning Board shall set a time within 30 days thereafter when a rehearing will be heard. Public notice shall be given in the town's official newspaper no less than 10 days prior to such date.
A.
Civil sanctions.
(1)
Any person found violating any provision of this chapter
or conditions duly imposed pursuant thereto shall be served by the Building
Inspector with a written notice stating the nature of the violation and providing
a specified time within which the violation shall cease and satisfactory corrective
action taken by the violator.
(2)
Any person who is found to have violated, disobeyed or
disregarded any provision of this chapter shall be liable to the people of
the Town of Somers for a civil penalty not to exceed $10,000 for every such
violation, to be assessed by the Town Court, after a hearing or opportunity
to be heard before the Town Court.
(3)
The Town Court shall have the power, following a hearing,
to direct the violator to cease violation of the chapter and satisfactorily
restore the affected area to its condition prior to the violation or otherwise
complete the terms and conditions of the permit. The Town Court may order
the use of all or part of any performance bonds to complete, restore or otherwise
improve the affected area.
B.
Criminal sanctions.
(1)
Any person found violating any provision of this chapter
or conditions duly imposed pursuant thereto shall, for the first offense,
be guilty of a violation punishable by a fine of not less than $500 nor more
than $1,000.
(2)
For a second and each subsequent offense, such person
shall be guilty of a misdemeanor punishable by a fine of not less than $1,000
nor more than $2,000 or a term of imprisonment of no more than six months,
or both.
(3)
Each offense shall be a separate and distinct offense
and, in the case of a continuing offense, each day's continuance thereof shall
be deemed a separate and distinct offense.
(4)
The Town Attorney shall prosecute any person alleged
to have violated the provisions of this chapter and shall seek equitable relief
to restrain any violation or threatened violation of its provisions.
The provisions of this chapter shall not apply to any development, alteration
or improvement of property containing a designated scenic resource for which
final approval shall have been obtained and not expired and the approved work
not completed prior to the designation by the Town Board of said scenic resource.
As used in this section, the term "final approval" shall mean:
A.
In the case of the subdivision of land, conditional approval
of a final plat as the term is defined in § 276 of the Town Law.
B.
In the case of a site plan not involving the subdivision
of land, adoption by the Planning Board of a resolution granting approval.
C.
In those cases not covered by Subsection A or B above, the issuance of a building permit or other authorization for the commencement of the development, alteration or improvement of property or for those developments, alterations or improvements for which the Town of Somers does not require such permits, the actual commencement of the development, alteration or improvement of property.
This chapter may be amended by the Town Board after due notice and public
hearing.
If any clause, sentence, paragraph, section or part of this chapter
shall be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder thereof, but
shall be confined in its operation to the clause, sentence, paragraph, section
or part thereof directly involved in the controversy in which such judgment
shall have been rendered or as determined by such judgment.
This chapter shall take effect 10 days after publication.
