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 for which
final approval shall have been obtained and not expired and the approved
work not completed prior to the effective date of this chapter. 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 Subsections A and 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.
If in any case the provisions of this chapter
conflict with any other provisions of the Code of the Town of Somers,
the provisions which impose the more stringent requirement shall apply.
All development and improvement allowed by right
or allowed by permit shall also conform with all rules and regulations
contained in the Code of the Town of Somers and all other applicable
laws and regulations.
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.
