[Amended 12-28-2023 by L.L. No. 1-2024]
A. 
A person who violates any of the provisions of Article II (standards) or who fails to comply with any condition imposed by Article II shall have committed a violation punishable by a fine not exceeding $2,500 or imprisonment for not more than 30 days, or both, for a conviction of a first offense and punishable by a fine of $5,000 or imprisonment for not more than 60 days, or both, for a conviction of a second or subsequent offense. A separate violation shall be deemed committed upon each day during or on which a violation occurs or continues.
B. 
A violation of the provisions of Article III (registration of foreclosing or foreclosed property) shall be punishable by a fine of up to $5,000 per day for each day that the violation continues.
C. 
A person who violates any of the provision of Article VI (shopping carts), or who fails to comply with any condition imposed by Article VI shall have committed a violation punishable by a fine not exceeding $500 or imprisonment for not more than 15 days, or both, for a conviction of a first offense and punishable of a fine not to exceed $1,000 or imprisonment for not more than 30 days, or both, for conviction of a second or subsequent offense. A separate violation shall be deemed committed upon each day during or on which a violation occurs or continues.
D. 
Any owner or agent of an owner acting on behalf of the owner who fails to register a vacant building in accordance with the provisions of Article IV (vacant building registration) shall be deemed in violation and, upon conviction, shall be subject to a fine in the amount of not less than $1,000 nor more than $15,000 for each failure to register. Any owner or agent of an owner acting on behalf of the owner found by the Department of Public Safety to have failed to register a vacant building in violation of this article shall likewise be subject to a monetary penalty within the range of the fines set forth hereinabove for each failure to register.
A. 
Authority to remove. In the event that the owner, occupant or person in control of such land shall fail to remove filth, dirt, junk, garbage, wastepaper, rubbish, sticks, stones, wood, leaves, paper, paper boxes, cardboard, iron, tin, nails, bottles, glass, brush, grass, solid waste, rubbish, weeds, trees, tree stumps, rootballs, or other items and conditions in violation of the standards set forth in § 221-4A, the Town shall have the authority as provided for herein to enter onto such land and clean the same and charge the cost of expense of such action against the owner and establish a lien in the manner herein provided.
B. 
In the event that any person fails to comply with any of the standards contained in § 221-4 of this chapter, the Town Board of the Town of Smithtown shall cause a notice to cure to be sent to the property owner or the occupier of the property, requiring the owner or occupier to remove all violations subject to the notice to cure to be remedied within 72 hours. Such notice shall be mailed by certified mail and ordinary mail to the property owner or the occupier of the property at the owner's or occupier's last known address. In the event that 72 hours shall have passed without any remedial measures or action taken, the property owner shall be considered in default, and the Town may proceed with the adoption of a Town Board resolution requiring the owners to cure such default.
C. 
Notice to be served. Whenever the Town Board shall adopt a resolution pursuant to § 221-12A requiring the owners of land to remove violations which exist thereon, the Town Board shall specify the time within which such work shall be completed. Such notice shall be set forth, with reasonable certainty, the location at which the condition exists and the manner in which the work shall be performed. The owners shall be given at least 30 days from the date of the mailing of the notice during which the work shall be performed, and such notice shall grant a reasonable period of time for the owner to cure the violations. Notice of the adoption of a resolution requiring the removal work shall be served upon the owners of the property at which the condition exists by certified mail, addressed to the last known address of said owner.
D. 
Failure to comply: removal.
(1) 
Wherever a notice referred to in § 221-12B of this chapter has been served and the owner neglects or fails to comply with such notice within the time provided therein, the Town Board may hold a public hearing on whether the Town should take action to remove the violations. The public hearing shall be held upon notice posted conspicuously on the affected property and forwarded to the last known address of the property owner as it appears on the current tax records of the Town by certified mail. Posting and service of such notice shall not be less than 15 days prior to the date of such hearing.
(2) 
The Town Board, after a public hearing, may cause the violation to be removed and shall provide for the cost thereof, to be paid from general Town funds as directed by Town Board resolution.
E. 
Manner of collection of costs incurred. In any case where it shall be necessary for the Town Board to have the work performed due to the failure of the owner to comply with the Town Board's resolution, the Town shall be reimbursed for the cost of the work performed or the services rendered at its direction, by levy upon the tax bill of the lots or parcels of land where such work was performed or such services rendered. All costs actually incurred by the Town upon each lot or parcel and the charge therefor shall be levied and collected in the same manner and at the same time as other Town charges.
F. 
The remedies provided for by this section are in addition to and not in lieu of such other remedies as the Town of Smithtown may elect to take. Nothing herein shall be construed as a requirement that notice of any kind be served prior to issuance of a summons.
A. 
The Town Attorney is authorized to institute any and all actions and proceedings necessary to enforce this chapter. The Town Attorney is also authorized to seek damages and any civil penalties in any civil action, and such penalties shall be in addition to and not in lieu of any criminal prosecution and penalty.
(1) 
In the event of any actual or pending violation of this chapter, the Town Attorney may, in addition to other remedies, institute any appropriate action or proceeding to prevent, restrain, correct or abate such violation.
(2) 
In addition to any fine or penalty imposed, the defendant shall pay all costs and expenses incurred by the Town in enforcing this chapter and/or remedying such violation.
[Amended 5-22-2025 by Res. No. 2025-566]
The provisions of this chapter may be enforced by the Director of Public Safety, the Supervisor of Environment and Waterways, the Chief Building Inspector, the Town Attorney, or their designated representatives, or agents of the Suffolk County Police Department.