Town of Southold, NY Administration and Enforcement

It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Harbor Master, Zoning Inspector, Ordinance Inspector or Code Enforcement Officer or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter.

[Amended 3-23-2010 by L.L. No. 1-2010; 7-30-2024 by L.L. No. 15-2024]

For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Harbor Master, Zoning Inspector, Ordinance Inspector or Code Enforcement Officer within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits or participates in the commission of any such offense or who shall fail to comply with a written order or notice of the Harbor Master, Zoning Inspector, Ordinance Inspector or Code Enforcement Officer shall be subject to the following fine schedule. Each day on which such violation occurs may constitute a separate, additional offense.

[Amended 12-18-2007 by L.L. No. 23-2007; 3-23-2010 by L.L. No. 1-2010; 11-8-2017 by L.L. No. 16-2017; 7-30-2024 by L.L. No. 15-2024]

(1)

Failure to obtain a permit. Any person conducting operations within the jurisdiction of the Trustees without first obtaining a permit according to the procedures outlined in this chapter shall be subject to a fine not to exceed $25,000 or a term of imprisonment not to exceed six months, or both.

(2)

Failure to comply with the terms of a permit.

(a)

Any person failing to comply with the terms of a permit shall be subject to a fine not to exceed $25,000 or a term of imprisonment not to exceed six months, or both.

(b)

Any person failing to comply with posting the permit and/or the requirement for supporting plans to be available for immediate inspection pursuant to § 275-10 shall be subject to a fine not to exceed $5,000.

(3)

Failure to heed a stop-work order. Any person conducting operations in direct contradiction to the terms of a stop-work order shall be subject to a fine not to exceed 25,000 or a term of imprisonment not to exceed six months, or both.

(4)

Restoration. In lieu of or in addition to the penalties provided for herein, any person in violation of any of the provisions of this chapter may be required to restore the affected wetland to its condition prior to the offense. The Trustees reserve the right to require specific replanting and restoration methods, including specific survivability and success criteria.

(5)

Failure to comply with a restoration plan. Any person failing to comply with the terms of a mandated restoration plan as detailed in Subsection B(4) of this section within the proscribed period of time for completion shall be guilty of an offense and subject to a fine not to exceed $25,000, or a term of imprisonment not to exceed six months, or both.

(6)

For the offense of conducting or engaging in any coastal construction project or business without having first obtained a license, or while his license is suspended or revoked, a violator shall be subject to a fine not to exceed $10,000.

(7)

Mitigation. When on-site wetlands restoration and creation may be unfeasible due to technical or other constraints, other mitigative measures, such as off-site wetland restoration or creation, may be required.

(8)

Other offenses. For an offense against any of the provisions of this chapter not specifically designated above, a violator shall be subject to a fine not to exceed $25,000.

No new permits will be issued to any carter, owner, occupant, builder, architect, contractor or their agents if they are a named defendant in an outstanding or unresolved violation of Chapter 275, Wetlands and Shoreline, or Chapter 111, Coastal Erosion Hazard Areas.

[Amended 12-18-2007 by L.L. No. 23-2007]

In addition to the above-provided penalties, the Trustees may also, if authorized by the Town Board, maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.