[Added 1-14-2015 by L.L. No. 5-2015]
[Amended 5-10-2016 by L.L. No. 23-2016]
(A) 
Application for a search warrant. See Chapter 71 of the Huntington Town Code. The Town ordinance/code enforcement officer is authorized to make application to any court of competent jurisdiction for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner or managing agent or occupant fails or refuses to allow an inspection of the rental property, and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York.
(B) 
Search without warrant restricted. Nothing in this chapter, except for the provisions concerning emergency inspections, shall be deemed to authorize the Town ordinance/code enforcement officer to conduct an inspection of any premises subject to this chapter without the consent of the owner, managing agent, or occupant of the premises, or without a warrant duly issued by a court of competent jurisdiction.
(C) 
Emergencies. If, in the judgment of the Director of Public Safety, an emergency exists as when a condition or hazard is an immediate peril to the public health and safety, or a serious and immediate danger to person or property, he or she may enter any building or structure to inspect and investigate.
[Amended 5-10-2016 by L.L. No. 22-2016; 6-7-2016 by L.L. No. 30-2016; 7-11-2017 by L.L. No. 29-2017; 11-6-2019 by L.L. No. 56-2019]
(A) 
Fines.
[Amended 9-14-2021 by L.L. No. 50-2021]
(1) 
A violation of Article III of this Chapter shall be an offense punishable by a fine of not less than two hundred fifty ($250) dollars nor greater than one thousand ($1,000) dollars; a conviction of a second offense, committed within five (5) years of the first offense, shall be punishable by a fine of not less than seven hundred fifty ($750) dollars nor greater than one thousand five hundred ($1,500) dollars; and a conviction of a third or subsequent offense, committed within five (5) years of the first offense, shall be punishable by a fine of not less than one thousand five hundred ($1,500) dollars nor greater than two thousand five hundred ($2,500) dollars. Each week or part thereof the violation continues shall be deemed a separate and distinct offense punishable in like manner.
(2) 
A violation of Article IV of this Chapter shall be an offense punishable by a fine of not less than one hundred fifty ($150) dollars nor greater than five hundred ($500) dollars; a conviction of a second offense, committed within five (5) years of the first offense, shall be punishable by a fine of not less than five hundred ($500) dollars nor greater than seven hundred and fifty ($750) dollars; and a conviction of a third or subsequent offense, committed within five (5) years of the first offense, shall be punishable by a fine of not less than seven hundred and fifty ($750) dollars nor greater than two thousand ($2,000) dollars. Each week or part thereof the violation continues shall be deemed a separate and distinct offense punishable in like manner.
(B) 
Any person or entity found by the Bureau of Administrative Adjudication to have violated Article III or Article IV of this Chapter shall likewise be subject to a monetary penalty within the range of fines authorized respectively in subdivision A(1) and A(2) for a first offense, subsequent offenses and continuing offenses.
(C) 
In addition to the criminal and civil penalties set forth above or in other applicable law, rule or regulation, the Town Attorney is authorized to pursue civil and equitable relief in the name of the Town in a court of competent jurisdiction, including but not limited to compensatory actions; civil penalties in the amount of up to five hundred ($500) dollars per day, or any part thereof; an action to compel compliance with or to restrain by injunction the violation of this chapter; and other remedies which in the opinion of the Town Attorney may seem necessary and proper.
(D) 
No oversight or dereliction of duty on the part of the Town shall serve to legalize the use and/or occupancy of any property, building or structure which does not conform to the provisions of this chapter or other applicable local, state and/or federal law, rule, ordinance or regulation.
(E) 
In addition to any criminal and civil penalty and any equitable relief to be exercised by the Town, any person or occupant of rental properties aggrieved by the actions of the owner or other person violating the provisions of this chapter may assert his or her own cause of action to recover rental payments advanced, or such other relief as may be permitted by law.