[Amended 6-16-2020 by L.L. No. 17-2020]
The provisions of Article VIII shall be enforced by the Department of Maritime Services and the remaining provisions of this Chapter shall be enforced by the Department of Maritime Services, the Department of Engineering Services, and any other Town Department the Town Board may designate.
(A) 
The Director of Engineering Services, in consultation with the Director of Maritime Services, or their designees may, in their sole discretion, order the work being performed on any property, including Town of Huntington Board of Trustee underwater land, building or structure suspended forthwith if he or she has reasonable grounds to believe that the work is being performed in an unsafe and/or dangerous manner; or the work is not in conformity with the marine conservation and regulation of marine structures permit application, plans and/or specifications approved by the Department or with the permit issued by the Town; or the work is in violation of the Code of the Town of Huntington, the Building Code of the State of New York and/or other applicable law, ordinance, rule or regulation; or jeopardizes the health, welfare or safety of the public or surrounding community; or is injurious to Town property or the property of others.
(B) 
The stop-work order shall be in writing and shall state the conditions under which the work may be resumed. The permit holder shall be provided with a copy of the stop-work order by delivering same to him or her in person, or to their agent or person in charge of the property or work; or by posting the stop-work order in a conspicuous place on the property. In all instances a copy of the stop-work order shall be mailed by the Department of Engineering Services to the permit holder or to the property owner by certified mail to the address shown on the application for a building permit.
(C) 
It shall be unlawful for any person to remove, alter, obscure, deface, change or otherwise tamper with any portion of a stop-work order that has been posted by the Town. In addition to any other penalty provided for herein, the permit may be revoked by the Director of Engineering Services.
(D) 
Upon the issuance of a stop-work order, all activities shall be immediately suspended until the stop-work order is rescinded. Notwithstanding the issuance of a stop-work order, the Director of Engineering Services, in consultation with the Director of Maritime Services, or their designees, may, in their sole discretion, permit any part of the work to continue if, in his or her judgment, same is necessary to protect the health and safety of persons; or to preserve and safeguard the premises or any portion of the buildings or structures located therein; or to protect the surrounding community or Town property or the property of others. Such officials may also require the property owner and/or permit holder to take such temporary action as is deemed necessary by the Town to protect the site or the welfare and safety of persons or property pending resolution of the stop-work order. It shall be unlawful and a violation of this section for any person to perform any work or other activity in violation of a stop-work order issued by the Town; or to deviate in any way from the work or activity permitted by the Town pending resolution of the stop-work order; or to disobey a lawful order of the Town. In addition to any other penalty provided for herein, the permit may be revoked by the Director of Engineering Services in the manner provided by this chapter.
The Director of Engineering Services or his designee may revoke a Marine Conservation and Regulation of Marine Structures permit in the following instances:
(A) 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications and any other information upon which the Marine Conservation and Regulation of Marine Structures permit was based.
(B) 
Where he finds that the Marine Conservation and Regulation of Marine Structures permit was issued in error and should not have been issued in accordance with the applicable law.
(C) 
Where he finds that the work performed under the Marine Conservation and Regulation of Marine Structures permit has not been conducted in accordance with the permit or permit application; plans or specifications; New York State Building Codes; zoning code or other regulation of the Town of Huntington.
(D) 
Where he finds that the work performed under the Marine Conservation and Regulation of Marine Structures permit has not been performed in accordance with any condition, restriction, grant or determination of the Huntington Town Board, the Town of Huntington Board of Trustees, the Zoning Board of Appeals, Planning Board or Director of Planning and Environment.
[Amended 7-13-2021 by L.L. No. 35-2021]
(E) 
Where the person to whom a Marine Conservation and Regulation of Marine Structures permit has been issued fails or refuses to comply with a stop work order.
(F) 
Where the owner or other person or entity against whom a notice of violation has been issued has been given an opportunity to comply with a lawful order of the Director of Engineering Services, the Director of Maritime Services, or their designee, and has failed or refused to comply with such order.
A Marine Conservation and Regulation of Marine Structures Permit may be revoked in the same manner as a Certificate of Completion or Letter in Lieu, except if the basis for the revocation is § 137-40(B), in which case such revocation shall be effective upon a mailing advising the property owner, his agent, or person in charge of the property that the permit is revoked and the reason(s) thereof. Such mailing shall be accomplished by regular and certified mail, return receipt requested, and addressed to the last known address of the proposed recipient.
The Director of Engineering Services or his designee may revoke a certificate of completion or letter-in-lieu in the following instances:
(A) 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications and any other information upon which the Marine Conservation and Regulation of Marine Structures Permit, certificate of Completion or letter-in-lieu was based.
(B) 
Where he finds that the Marine Conservation and Regulation of Marine Structures permit, certificate of Completion or letter-in-lieu was issued in error and should not have been issued in accordance with the applicable law.
(C) 
Where he finds that the work performed under certificate of Completion or letter-in-lieu has not been conducted in accordance with the permit or permit application; plans or specifications; New York State Building Codes; zoning code or other regulation of the Town of Huntington.
(D) 
Where he finds that the work has not been performed in accordance with any condition, restriction, grant or determination of the Huntington Town Board, the Town of Huntington Board of Trustees, the Zoning Board of Appeals, Planning Board or Director of Planning and Environment.
[Amended 7-13-2021 by L.L. No. 35-2021]
Every project issued a certificate of completion for a dredging and/or removal of material pursuant to Article V of this chapter and every marine structure issued a certificate of completion or a letter-in-lieu structure pursuant to Article VI of this chapter shall be maintained and/or utilized in such manner as to not jeopardize the health, safety and/or welfare of persons or property. The Director of Engineering Services may suspend a certificate of Completion or letter-in-lieu where, in his judgment or upon the written recommendation of the Director of Maritime Services, the land, underwater land, or structure is being maintained, or the use thereof is being carried out, in such an unsafe and hazardous manner as to jeopardize the health, safety and welfare of persons or property. Such suspension shall remain in place until the hazardous, unsafe or dangerous condition is remedied by the owner or an appeal has been taken and the issue decided.
(A) 
Prior to the revocation or suspension of a Marine Conservation and Regulation of Marine Structures certificate of completion or letter-in-lieu, the Director of Engineering Services or his designee shall prepare a report outlining the reason(s) for the proposed revocation or suspension of the certificate of completion or letter-in-lieu. A copy of the report shall be mailed to the property owner at the address shown on the most current assessment roll maintained by the Town Assessor, or to his agent, or person-in-charge of the property, together with a Notice of Hearing which shall contain the following:
[Amended 7-13-2021 by L.L. No. 35-2021]
(1) 
A description of the property.
(2) 
In the case of a proposed suspension, a description of the unsafe, unsanitary or dangerous condition, and the portion(s) of the land, underwater land, or structure that must be secured or repaired, or demolished and removed. A statement that the remediation or abatement must commence immediately upon the service of the notice and completed within a specified date. Such period may be extended for good cause shown, as long as it can be demonstrated that remedial measures have been started and the delay is not under the control of or due to the actions of the person to whom the notice was issued. A statement that in the event of the failure or refusal of the person to whom the Notice is issued to bring the property into compliance by the date on the Notice or approved date of extension, an administrative hearing will be held on the issue of suspension of the certificate.
(3) 
The date, time and place of the scheduled administrative hearing before either the Town Board or an Administrative Hearing Officer to determine whether the certificate should be revoked or suspended.
(4) 
Amendment, modification or withdrawal. The Director or his designee may amend, modify or withdraw any Notice issued if, in his judgment, the circumstances warrant such action provided the amended or modified Notice is served as provided in § 137-64(A)(5) herein within ten(10) days of service of the original Notice, and a hearing has not occurred.
[Amended 6-16-2020 by L.L. No. 17-2020]
(5) 
Service of the Notice. The Notice of Hearing and Report shall be served either personally in accordance with the CPLR; or by registered or certified mail, return receipt requested, and by regular mail; addressed to the property owner at the last address shown on the most current assessment roll of the Town Assessor, or to the owner's agent at the last known address, or person-in-charge of the property.
(A) 
An administrative hearing may be held before a duly appointed Administrative Hearing Officer. Hearings may be adjourned only upon good cause shown.
(B) 
The Hearing Officer may consider the evidence and shall submit his or her findings and recommendations to the Director of Engineering Services for ultimate determination. A copy of the Hearing Officer's report shall be filed with the Town Clerk and served in the same manner as the Notice of Hearing. Such mailing shall include a statement that the recipient has five (5) days from receipt of the report to submit to the Director of Engineering Services his written objections to the Hearing Officer's findings and recommendations. The Director shall consider the written objections and the Hearing Officer's report, and may adopt or reject, in whole or in part any portion thereof as he or she deems advisable or necessary under the circumstances. The Director's determination shall be final, and shall be filed in the Office of the Huntington Town Clerk and mailed to the person(s) to whom the original Notice was served by regular mail and by registered or certified mail, return receipt requested.
[Amended 7-13-2021 by L.L. No. 35-2021]
(C) 
Conduct of hearings. At the administrative hearing the person to whom a Notice has been issued shall be entitled to be represented by legal counsel and provided with an opportunity to be heard. He may present the testimony of witnesses, experts and other evidence in his own behalf as he deems necessary and relevant to the subject matter of the hearing. All hearings shall be recorded.
[Amended 7-13-2021 by L.L. No. 35-2021]
Upon the failure, neglect or refusal of the owner, his agent, or person-in-charge of the property to appear at the administrative hearing; or to abate the hazardous condition; or if the mailing is returned by the Post Office because of the inability to make delivery for any reason, as long as the Notice was properly addressed, at the election of the Director of Engineering Services the certificate may be revoked or suspended for the reasons set forth in the Director's original report. The Director's determination shall be final, and shall be filed in the Office of the Huntington Town Clerk and mailed to the person(s) to whom the original Notice was served by regular mail and by registered or certified mail, return receipt requested.
[Amended 11-6-2019 by L.L. No. 56-2019; 6-16-2020 by L.L. No. 17-2020]
The Town Board intends to exercise its authority under § 10(1)(i) and (ii)(a)(3), (a)(6), (a)(11) and (a)(12); § 10(1)(ii)(d)(3); and § 10(3) and (4) of the Municipal Home Rule Law, and any other applicable provision of law now or hereinafter enacted, to supersede and/or expand upon the applicable provisions of § 268 of the Town Law, and any other applicable or successor law pertaining to the enforcement of local laws and ordinances in order to impose a penalty and fine structure that best reflects the needs of the community.
(A) 
Violation of Article VIII (Anchoring and Mooring of Vessels and Floats within 1,500 feet of the shorelines of the Incorporated Villages).
[Amended 9-14-2021 by L.L. No. 56-2021]
(1) 
For each offense based on a violation of § 137-41(A) and (B), § 137-43(B), § 137-51(F), and § 137-52(D), the punishment shall be a fine of not less than two hundred and fifty ($250) dollars nor more than five hundred ($500) dollars. Each day, or part thereof, such violation continues shall constitute a separate offense and shall be punishable in a like manner.
(2) 
Any other offense against this Article is punishable by a fine or penalty of not less than one hundred ($100) dollars nor more than one thousand five hundred ($1,500) dollars for a first offense; upon conviction of a second or subsequent offense committed within a period of five (5) years of the first offense, a fine of not less than three hundred ($300) dollars nor more than two thousand five hundred. ($2,500) dollars, or by imprisonment not exceeding fifteen ( 15) days,. or by both such fine and imprisonment. Each day, or part thereof, such violation continues shall constitute a separate offense and shall be punishable in like manner.
(B) 
Violation of all other Articles.
[Amended 9-14-2021 by L.L. No. 56-2021]
(1) 
For each violation of § 137-57(A) the punishment shall be a fine of not less than one hundred ($100) dollars nor more than one thousand five hundred ($1,500) dollars for a first offense, and by a fine of not less than three hundred ($300) dollars nor more than two thousand five hundred ($2,500) dollars or imprisonment not exceeding fifteen (15) days, or both such fine and imprisonment, in the discretion of the court, for a second or subsequent offense committed within five (5) years of the first offense. Each day, or part thereof, such violation is permitted to continue shall constitute a separate offense and shall be punishable in like manner. Any person found by the Bureau of Administrative Adjudication to have violated any other provision of this article shall likewise be subject to a monetary penalty in an amount within the range of fines authorized herein for a first offense, subsequent offenses and continuing offenses, respectively.
(2) 
Any person or business entity who commits an offense against the provisions of § 137-59(C) shall upon conviction be guilty of a misdemeanor, punishable by a fine of not less than one thousand ($1,000) dollars nor more than five thousand ($5,000) dollars, or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment for a first offense; upon a conviction of a second offense committed within a period of five (5) years of the first offense, a fine of not less than two thousand ($2,000) dollars nor more than ten thousand ($10,000) dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment; and upon conviction of a third or subsequent offense committed within five (5) years of the first offense, a fine of not less than four thousand ($4,000) dollars nor more than fifteen thousand ($15,000) dollars, or by imprisonment not exceeding nine (9) months, or by both such fine and imprisonment.
(3) 
Any person, owner, business entity, general agent, person-in-charge of the premises, architect, engineer and/or contractor who violates any other provision of this Chapter, exclusive of Article VIII, shall be deemed to have committed an offense and shall, upon conviction, be subject to a fine of not less than two hundred fifty ($250) dollars nor more than five thousand ($5,000) dollars, or by imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment for a first offense; and shall be subject to a fine of not less than one thousand five hundred ($1,500) dollars nor more than ten thousand ($10,000) dollars, or by imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment, for a second or subsequent offense committed within five (5) years of the first offense. Each day, or part thereof, such violation continues shall constitute a separate offense and shall be punishable in like manner.
(C) 
Any person or entity 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) and (B) for the respective violations referenced therein for a first offense, subsequent offenses and continuing offenses.
(D) 
In addition to the criminal penalties set forth herein 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. Any civil monetary penalty awarded may be added to the tax bill of the property where the violation has occurred and shall be collected in the same manner.
(E) 
In any civil or equitable action or proceeding commenced in a court of competent jurisdiction in the name of the Town of Huntington for violations of this chapter, if the Town is successful in its action or proceeding, it can expect attorney fees to be paid in addition to other fines and penalties.
(F) 
No oversight or dereliction of duty on the part of the Town shall serve to legalize the maintenance, erection, construction, minor reconstruction, substantial reconstruction, or alteration of a structure governed by Article VI, or the use of such structure if it does not conform to the provisions of this chapter or other applicable local, state and/or federal law, rule, ordinance or regulation.