City of Peekskill, NY Enforcement

Inspection. Any site for which an application has been submitted shall be subject to inspection, including nights, weekends and holidays, by the approval authority or its designated representatives.

Administrative sanctions.

(1)

Damages. Any person who undertakes any work 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 City 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 be recovered in an action brought by the City at the request and in the name of the approval authority in any court of competent jurisdiction.

(2)

Restitution. The approval authority 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 practicable, within a reasonable time and under the supervision of the City Engineer or his or her designee. Further, the approval authority shall have the authority to require an adequate performance guaranty in a form and amount deemed necessary by the approval authority to insure the restoration of the affected steep slope area.

(3)

Stop-work order; revocation of permit. In the event that any person performs any work on any lot upon which there exists a steep slope without having first obtained a steep slope permit or 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 work 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 Building Inspector may suspend all work and any steep slopes permit, as follows:

(a)

Suspension of work or a permit shall be by a written stop-work order issued by the Building Inspector and delivered to the permittee or his agent or the person performing the work. The stop-work order shall be effective immediately, shall state the specific violations cited and shall state the conditions under which work may be resumed. A stop-work order shall have the effect of suspending all work on the site, authorizations and permits granted by the City or any agency thereof. The stop-work order shall remain in effect until the Building Inspector is satisfied that the permittee has complied with all terms of this chapter and of any permit until a final determination is made as provided in Subsection B(3)(b) immediately below.

(b)

Upon an appeal from the issuance of a stop-work order, the Planning Commission may either continue or rescind the stop-work order, or revoke the steep slopes permit.

Judicial penalties. In addition to any administrative sanction provided for and imposed pursuant to Subsection B above, any violation of this chapter may by prosecuted in the Peekskill City Court or any other court of competent jurisdiction.

Fines. Any person found guilty of violating or disobeying any provision hereof, any order of the City Engineer, Director of Planning, Development and Code Assistance, the Planning Commission, 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 nor more than $5,000 for each such violation. Each consecutive day that the court finds the violation to exist shall be considered a separate violation.