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 § 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 pursuant to §§
1-15,
1-16 and
1-17 of this Code.
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
89 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 Babylon.
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 Babylon.
Decisions, determinations 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.