Town of Islip, NY Penalties and Corrective Action

Any person, firm, corporation or entity found violating any provision of this local law or conditions imposed by the Department upon an approval permit shall be served with a written notice at the direction of the Department, stating the nature of the violation and providing a specified time within which the violation shall cease and within which satisfactory corrective action shall have been taken by the violator.

Any person, firm, corporation or entity violating this local law shall be guilty of an offense and, upon conviction thereof, be punishable by fine or imprisonment, or both. Fines may be up to $1,000, and imprisonment may be for 30 days or less.

Any person, firm, corporation or entity who shall continue such violation beyond the time limit specified by the Department shall be guilty of another offense and, upon conviction thereof, be fined in an amount not to exceed $1,000 for each offense or be imprisoned for 30 days, or both.

Each day of such violation shall constitute a separate offense under this local law.

In the event that any person, firm, corporation or entity shall continue any violation beyond the time limit specified by the Department, the Town Board shall direct the Town Attorney to apply to the Supreme Court in the 10th Judicial District for an order directing that the violation be corrected or removed and that all costs and expenses incurred by the Town of Islip in connection with the proceeding, including the actual costs of correction or removal, shall be assessed against the offender.

Any person, firm, corporation or entity violating the provisions of this local law shall become liable to the Town for any expense or loss or damage occasioned the Town by reason of such violation.

In the event that any person, firm, corporation or entity shall continue any violation beyond the time limit specified by the Department, which violation exists in whole or in part on any tidal waters, the Town Board shall direct after a public hearing, with at least seven days' notice to the violator, that the violation be corrected or removed. Upon failure to comply, the Town shall correct or remove the violation. All costs incurred shall be assessed against the upland to which the violation contains no indication of ownership, the violation shall be immediately corrected or removed by the Harbor Master.

[Added 2-7-89 by L.L. No. 1-1989]