Town of Shelter Island, NY: Private right of action.

§ 79-40 Penalties for offenses.

Any person who shall conduct or engage in any home improvement business without having obtained a license therefor, in violation of this chapter, or who shall conduct or engage in any home improvement business while his license is suspended or revoked, in violation of this chapter, shall, upon conviction, be punishable by a fine not exceeding five times the then-applicable license fee or by imprisonment for not more than 15 days, or both, for each and every violation. Each day that work is performed without a license shall be considered a separate offense.

Any contractor as defined herein who performs services on Shelter Island without a valid and current liability and worker's compensation insurance policy shall, upon conviction, be punishable by a fine not exceeding $2,500 or by imprisonment for not more than 15 days, or both, for each and every violation. Each day that work is performed without the required policies shall be considered a separate offense.

Any contractor as defined herein who advertises to perform services in the Town of Shelter Island without listing their license number on the advertisement shall, upon conviction, be punishable by a fine not exceeding $100. Each separate and distinct advertisement shall be considered a separate offense.

Any contractor as defined herein operates a vehicle in the Town of Shelter Island without a valid license sticker shall, upon conviction, be punishable by a fine not exceeding $100. Each unstickered vehicle shall be considered a separate offense for each day it operates in the Town of Shelter Island.

Any contractor regardless of licensing status as defined herein who utilizes any vehicle to perform services in the Town of Shelter Island without affixing a sticker shall, upon conviction, be punishable by a fine not exceeding $250. Each separate and distinct advertisement shall be considered a separate offense.

Any contractor as defined herein who engages in a willful failure to comply with any lawful order of any federal, state, or Town agency department or official shall, upon conviction, be punishable by a fine not exceeding $250. Each separate and distinct advertisement shall be considered a separate offense.

Any contractor as defined herein who engages in deceptive trade practices shall, upon conviction, be punishable by a fine not exceeding $5,000. Each separate and distinct advertisement shall be considered a separate offense.

Any contractor as defined herein who engages in unconscionable trade practices shall, upon conviction, be punishable by a fine not exceeding $10,000. Each separate and distinct advertisement shall be considered a separate offense.

§ 79-41 Injunctive relief.

Upon application of the Building Inspection or the Town Attorney, the Town may commence an action in the name of the Town to restrain, prevent and enjoin a violation of this chapter or any rule or regulation promulgated hereunder or any continuance of such violation.

§ 79-42 Stop work.

The Building Inspector may immediately stop work of any home improvement contractor found in violation of the provisions of this chapter and shall immediately refer the matter to the Licensing Review Board.

§ 79-43 Private right of action.

Any contract entered into in the Town of Shelter Island by any unlicensed contractor is voidable by the home owner subject only to payment for work already completed.

A private right of action shall exist for any home owner with regard to any violation by the contractor of Article III, Prohibited Acts, of this chapter.

§ 79-44 Applicability.

This chapter shall take effect 10 days after its adoption and shall not apply to home improvement contracts entered into before such date.

A license issued by any governmental agency prior to the effective date of the appropriate article of this chapter shall continue to remain in full force and effect until its expiration or termination unless sooner revoked or suspended for cause.