[Amended 9-21-2004 by L.L. No. 19-2004; 10-11-2005 by L.L. No. 17-2005]
[Amended 3-23-2010 by L.L. No. 1-2010]
The Director of Code Enforcement, Zoning Inspector,
and/or the Bay Constable are responsible for coordination and enforcement
of the provisions of this chapter. The Director of Code Enforcement,
Zoning Inspector, and Bay Constables have the authority to issue violations
of this chapter.
A.
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 Director of Code Enforcement, Zoning Inspector, or Bay Constable
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]
B.
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 Director of Code Enforcement, Zoning
Inspector, or Bay Constable within the time fixed for compliance therewith,
the owner, occupant, builder, architect, contractor or their agents
or any other person who commits, takes part or assists in the commission
of any such offense or who shall fail to comply with a written order
or notice of the Director of Code Enforcement, Zoning Inspector, or
Bay Constable 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]
(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 of not less than $1,000 and not more than $6,000 or a term
of imprisonment of not less than 15 days nor more than 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 of not less than $1,000 and not more than $6,000.
For each subsequent offense, the violator shall be guilty of a misdemeanor
punishable by a fine not less than $2,000 nor more than $10,000 or
a term of imprisonment of not less than 15 days nor more than six
months, or both.
(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 of not less than $1,000 and not more than $6,000.
For each subsequent offense, the violator shall be guilty of a misdemeanor
punishable by a fine not less than $2,000 nor more than $10,000 or
a term of imprisonment of not less than 15 days nor more than six
months, or both.
(4)
Restoration. In lieu of or in addition to these punishments, any
offender may be punished by being ordered to restore the affected
wetland to its condition prior to the offense. Any such order shall
specify a reasonable time for the completion of such restoration,
which shall be effected under the supervision of the approving authority.
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 of not less than $1,000 and not more than $6,000.
(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 of not more than $5,000 for the first offense and not more
than $10,000 for each subsequent offense.
(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 of not more than $1,000.
C.
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]
D.
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.
