Town of Red Hook, NY Enforcement

Where a violation of this chapter, as heretofore adopted and approved and from time to time hereafter amended, has been committed or shall exist, any contract vendee, agent or contractor of such owner who shall knowingly participate in such violation and any grantee of such owner who shall knowingly participate in such violation shall be guilty of a violation of this chapter.

Where a violation of any provision or condition of any resolution or approval of the Planning Board of the Town of Red Hook relating to a subdivision, adopted or granted under the authority of its rules and regulations or otherwise pursuant to law, has been committed or shall exist, the owner of the real property where such violation has been committed or shall exist, any contract vendee, agent or contractor of such owner who shall knowingly participate in such violation and any grantee of such owner who shall knowingly participate in such violation shall be guilty of a violation of this chapter.

Fines and imprisonment. A violation of this chapter is hereby declared to be an offense punishable by a fine not exceeding $350 and/or imprisonment for a period not to exceed six months for a first offense; with the more stringent penalties set forth in Town Law § 268 applicable to second and other repeat offenders. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only, provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

Civil remedies. In case any land is divided into lots, blocks or sites in violation of this chapter, the Zoning Enforcement Officer or other proper local authorities of the Town of Red Hook, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful use or division of land, to restrain, correct or abate such violation and to prevent any illegal act, conduct, business or use in or about such premises, and upon the failure or refusal of the proper local officer, board or body of the Town to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town to so proceed, any three taxpayers of the Town who are jointly or severally aggrieved by such violation may institute such appropriate action or proceeding in like manner as such local officer, board or body of the Town is authorized to do.

Administrative remedies. The Building Inspector of the Town of Red Hook is specifically authorized and empowered to deny or to withhold the issuance of a permit to erect or construct a building or other structure to the subdivider and/or developer who has subdivided said land in violation of this chapter and may withhold or deny said building permit to any subsequent grantee, owner, contract vendee, agent or contractor who shall knowingly participate in such violation.

In addition to the above authority and pursuant to § 280-a of the Town Law, the Building Inspector of the Town of Red Hook is also authorized and empowered to withhold or deny a building permit for the construction or erection of any building or structure unless suitably improved access to such proposed building or structure is provided by an existing Town, county or state highway; or a street or highway duly placed on the Official Map or plan of the Town of Red Hook, if any; or a street shown on a plat duly approved by the Town of Red Hook Planning Board and filed in the Dutchess County Clerk's office; or a street shown on a plat filed and recorded in the Dutchess County Clerk's office prior to the appointment of the Town of Red Hook Planning Board and the grant to that Board of power to approve plats.

Nothing above contained in this chapter shall be deemed to restrict or impair the power and authority of the Building Inspector or other duly authorized enforcement officer of the Town of Red Hook to deny or withhold the issuance of a building permit, certificate of occupancy or other permit or license if the issuance of the same would be in conflict with or in violation of Chapter 143, Zoning.