Whenever the Director of Engineering Services, the Director of Public Safety, or their designees, is satisfied that a Telecommunication Facility, an accessory thereof, is being erected, constructed, installed, modified, renovated, altered or repaired, or that activity is occurring at the site in violation of this Chapter or other applicable law, rule, order or regulation, or in violation of a grant, approval, map or plan issued or approved by an officer, board, department or agency of the Town, he or she may order compliance by written notice to comply to the property owner or Person-in-charge of the property, the Applicant who filed for the use or installation, the owner and/or operator of the Facility, system, or equipment, and/or Person committing the offense. The notice to comply shall identify the violation or offense and may, without limitation, require the abatement, remediation or restoration of the Telecommunications Facility, building, structure, or property, within the period identified in the notice. Such notice shall be deemed to be properly served if a copy is personally delivered to the owner, Person-in-charge, Applicant, operator, or Person committing the offense; or by posting a copy of the notice to comply in a conspicuous place on the property or Facility and mailing a copy by regular and registered or certified mail, return receipt requested, within two (2) business days of its posting to the property owner, Person-in-charge, Applicant, operator, or Person committing the offense at their last known address, or by such other method authorized by the laws of the State of New York.
(A) 
The Director of Engineering Services and/or the Director of Public Safety, or their designees may, in their sole discretion, order the work or installation being performed on any property, building or structure, a Telecommunication Facility, or an accessory thereof, suspended forthwith if he or she has reasonable grounds to believe that the work or installation is being performed in an unsafe and/or dangerous manner; or the work is not in conformity with the building permit application, plans and/or specifications approved by the Department; or with a map, plan, permit, grant or agreement approved by the Town, its officers and/or Boards; 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 property owner or Person-in-charge of the property, the Applicant who filed for the use or installation, the owner and/or operator of the Facility, system, or equipment, and/or Person committing the offense 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 and mailing a copy of the stop work order by regular and registered or certified mail, return receipt requested, within two business days of its posting to the property owner, Person-in-charge, Applicant, operator of the Facility, or Person committing the offense at their last known address.
(C) 
Violation. 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.
(D) 
Suspension of work. 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 and/or the Director of Public Safety, 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 building, structure or Facility located therein; or to protect the surrounding community or Town property or the property of others. Such officials may also require the property owner or Person-in-charge of the property, the Applicant who filed for the use or installation, the owner and/or operator of the Facility, system, or equipment, and/or Person committing the offense 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, any permit or approval issued may be revoked by the Town.
(A) 
Any property owner, Person in charge of the premises, Applicant, owner or operator of the Wireless Telecommunication Facility or any part thereof, who violates any provision of this Chapter, shall upon conviction thereof be guilty of an offense, punishable by a fine of not less than one thousand ($1,000) dollars nor more than five thousand ($5,000) dollars for a first offense; upon conviction of a second offense committed within 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; 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. Each day, or part thereof, such violation continues shall constitute a separate offense punishable in like manner.
[Amended 9-14-2021 by L.L. No. 50-2021]
(B) 
Any property owner, Person in charge of the premises, Applicant, owner or operator of the Wireless Telecommunication Facility or part thereof, found by the Bureau of Administrative Adjudication to have violated any provision of this Chapter shall likewise be subject to a monetary penalty in an amount within the range of fines authorized in subdivision A for a first offense, subsequent offenses and continuing offenses.
(C) 
In addition to the penalties set forth herein or in other applicable law, rule or regulation, the Town Attorney is authorized to pursue, in a court of competent jurisdiction, civil and equitable relief, 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.
(D) 
In addition to the penalties set forth herein or in other applicable law, rule or regulation and without limitation, a violation of this Chapter may subject the permit holder to the revocation or suspension of its permit, as provided in this Chapter.
(E) 
No oversight or dereliction of duty on the part of the Town shall serve to legalize the maintenance, erection, construction, alteration, Modification, replacement or removal of a Telecommunication Facility, or to legalize the use and/or occupancy of any property, building or structure for the operation of any Telecommunication Facility, if the work or activity is conducted in violation of this Chapter or other applicable local, state and/or federal law, rule, ordinance or regulation.