It is the intention of the Town Board of the Town of Huntington
to enable the Town Attorney to pursue any necessary relief in a court
of competent jurisdiction for violations of the Code of the Town of
Huntington. Civil actions may be necessary to compensate and preserve
the rights of the public where criminal sanctions are inadequate.
In addition, it is the intention of the Town Board to establish an
administrative adjudication hearing procedure for violations of the
Town Code under the provisions of Section 380 of the New York State
General Municipal Law, and to authorize the Town Attorney to redress
applicable code violations utilizing such procedure as deemed appropriate.
The establishment of this administrative adjudicative procedure shall
in no way limit the authority of the Town Attorney to seek criminal
penalties and/or to seek civil relief in the name of the Town in a
court of competent jurisdiction as authorized by law.
The Town Attorney is authorized to pursue, in addition, to any
criminal penalties set forth in the Town Code or other applicable
law, civil relief in a court of competent jurisdiction, including
but not limited to, compensatory actions, actions in equity, civil
monetary penalties or any other civil remedy which in the opinion
of the Town Attorney may be deemed necessary under the circumstances.
Such civil relief may be sought in a court of competent jurisdiction
or before the Bureau of Administrative Adjudication as set forth below
whenever permitted by law. Any civil monetary penalty may be added
to the tax bill liability of the subject property where the violation
occurred.
[Amended 7-21-2020 by L.L. No. 30-2020]
There shall be a Bureau of Administrative Adjudication ("the Bureau") which shall conduct adjudicatory proceedings for all violations of the Town Code relating to conditions which constitute a threat or danger to the public health, safety or welfare, except for violations of Chapter
87 of the Town Code, which sets forth the requirements for building construction. The Bureau is authorized to render decisions and orders and to impose monetary penalties as provided by law for such violations. Such monetary penalties shall be civil in nature. The Bureau shall not have the power to impose criminal penalties or to sentence a person found to have violated the Town Code to a term of imprisonment. In addition, the Bureau shall not have the power to rule on the constitutionality of any provision of the Town Code, any administrative or adjudicatory procedure, or any action taken by an official or employee of the Town of Huntington.
[Amended 7-21-2020 by L.L. No. 31-2020; 5-11-2021 by L.L. No. 23-2021]
(A) After the conclusion of the hearing, the administrative law judge
shall make final findings of fact, and a final decision and order
with respect to the charge of a violation. All such findings of fact,
decisions and orders shall be written, and shall be rendered in an
expeditious manner.
(B) Where the charge of a violation has been sustained, the administrative
law judge shall impose a monetary penalty within the range of monetary
penalties authorized by the applicable provision of the Town Code.
However, the administrative law judge shall have the discretion, which
shall rarely be exercised, to waive the imposition of a monetary penalty
in extraordinary circumstances upon good cause shown.
(C) Where the charge of a violation has been sustained, there shall be
levied, in addition to the monetary penalty, a mandatory surcharge
for administrative costs in an amount to be determined by the Director;
provided that the surcharge may be waived in the event that a judgment
is to be entered, or litigation is to be commenced, in the Suffolk
County District Court pursuant to subdivisions (D) or (E) below, and
the judgment or claim amount would exceed the District Court's
jurisdictional limit but for the imposition of the surcharge.
(D) A final decision and order of an administrative law judge imposing
a monetary penalty and assessing a surcharge for administrative costs,
whether the adjudication was held by hearing or upon default or otherwise,
shall constitute a judgment rendered by the Bureau against the respondent,
which may be entered in the Suffolk County District Court or any other
place for the entry of judgments within the State of New York, and
may be enforced against the respondent and his, her or its property
without court proceedings in the same manner as the enforcement of
money judgments entered in civil actions; provided however that no
such judgment shall be entered in the District Court which exceeds
its jurisdictional limit.
(E) In addition to the enforcement procedure set forth in subdivision
(D) above, any decision, and order rendered by the Bureau may be enforced
by the commencement of an action or proceeding for the recovery of
monies due and owing in a court of competent jurisdiction by or on
behalf of the Town Attorney in the name of the Town of Huntington.
[Amended 5-11-2021 by L.L. No. 23-2021]
(A) Where a respondent has failed to plead within the time allowed by the rules adopted by the Director regarding the conduct of adjudicatory proceedings before the Bureau, or has failed to appear on the designated appearance or hearing date or subsequent date following an adjournment, such failure to plead or appear shall be deemed, for all purposes, to be an admission of liability and shall be grounds for rendering a default decision and order imposing as a monetary penalty the maximum amount prescribed under law for the violation charged. The default decision and order may be enforced pursuant to §
93-9(D) or
(E).
(B) In addition to imposing the maximum monetary penalty prescribed by law, a default decision and order shall impose a mandatory surcharge for administrative costs in an amount to be determined by the Director, provided that the surcharge may be waived in the event that a judgment is to be entered, or litigation is to be commenced, in the Suffolk County District Court pursuant to §
93-9(D) or
(E), and the judgment or claim amount would exceed the District Court's jurisdictional limit but for the imposition of the surcharge.
(C) A default decision and order may be opened within one year of its
issuance, upon written application showing excusable default and a
defense to the charge; a default decision and order may thereafter
be opened in the discretion of the Director only upon written application
showing excusable default, a defense to the charge, and good cause
for the delay.
(D) Notwithstanding the foregoing, before a default decision and order may be enforced pursuant to §
93-9(D) or
(E), the Bureau must have notified the respondent by first class mail in such form as the Director may require: (1) of the default decision and order and the penalty and surcharge imposed; (2) that the default decision and order may be entered as a judgment in the Suffolk County District Court or otherwise enforced as authorized by law; and (3) that any such enforcement may be avoided by requesting a stay of default for good cause shown and by either scheduling an appearance or entering a plea in the manner set forth in the notice of violation within thirty days of the mailing of such notice.
Any order or subpoena or any final decision or determination
rendered by an administrative law judge or the appeals panel shall
be subject to enforcement in an action or proceeding commenced in
a court of competent jurisdiction by the prevailing party including
the Town of Huntington.
Decisions, determination and orders issued by an administrative
law judge or the appeals panel shall not be cited, and shall not be
considered precedent nor be given any force or effect in any criminal
proceeding.