Town of Huntington, NY ENFORCEMENT

[Amended 11-6-2019 by L.L. No. 56-2019]

Except as provided otherwise in § 124-81(B) and (C) below, in addition to assessing costs against the property as provided in this chapter, or against a responsible person through a civil action, any person who violates or permits another to violate a provision of this chapter shall be deemed to have committed an offense against this chapter and shall, upon conviction thereof, be subject to a fine of not less than five hundred ($500) dollars and not more than one thousand five hundred ($1,500) dollars for a conviction of a first offense; upon the conviction of a second offense, committed within five (5) years of the first offense, a fine of not less than seven hundred and fifty ($750) dollars and not more than two thousand five hundred ($2,500) dollars; and upon a conviction of a third or subsequent offense, committed within five (5) years of the first offense, a fine of not less than one thousand ($1,000) dollars and not more than five thousand ($5,000) dollars. For each day, or part thereof, such violation continues or is permitted to exist shall constitute a separate offense punishable in like manner; and

[Amended 9-14-2021 by L.L. No. 50-2021]

(B)

A person or business entity who commits or causes another to commit any act in violation of § 124-70 shall be deemed to have committed an offense against this Chapter, and shall upon conviction thereof, be subject to a fine of not less than two hundred fifty ($250) dollars and not more than five hundred ($500) dollars. Each day, or part thereof, such violation continues or is permitted to exist following notification by the Town, or service of a notice of violation, appearance ticket or summons shall constitute a separate offense, punishable in like manner.

(C)

Any person who violates § 124-15(B) shall be deemed to have committed an offense against this chapter and shall, upon conviction thereof, be subject to a fine of not less than five hundred ($500) dollars and not more than five thousand ($5,000) per violation; and

(D)

Any person found by the Bureau of Administrative Adjudication to have violated this chapter shall likewise be subject to a monetary penalty in an amount within the range of fines authorized in subdivisions (A), (B) and (C) for the respective violations referenced therein for a first offense, subsequent offenses and continuing offenses.

(E)

The Town Attorney may maintain an action in the name of the Town in a court of competent jurisdiction for civil penalties in the sum of not less than two hundred fifty ($250) dollars nor more than one thousand five hundred ($1,500) dollars for each day or part thereof the offense continues or is permitted to exist; and

(F)

The town attorney is authorized to maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter, or to pursue other equitable or legal remedies and penalties as in his or her judgment is necessary or proper, and to recover legal fees.