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.
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. 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 Islip.
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 Islip.
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.