[Amended 4-9-1998]
The Building Inspector and/or the Town Engineer
shall be the official of the Town of Pound Ridge responsible for administering
and enforcing this chapter.
Any person found violating any provision of
this chapter or the terms and conditions of any permit granted hereunder
or any person who owns property on which the violation occurs shall
be served with a written notice, at the direction of the Town Engineer,
stating the nature of the violation and providing a specific time
for the satisfactory correction thereof.
Any person or persons violating any provision
of this chapter or the terms and conditions of any permit granted
hereunder or any person who owns property on which the violation occurs
shall be liable to the Town of Pound Ridge for any expense, loss or
damage incurred by the Town by reason of such violation.
Pursuant to Title 23 of Article 71 of the Environmental
Conservation Law, the following penalties shall apply:
A. Civil penalties. Any person or persons who violate,
disobey or disregard any provision of this chapter or any person who
owns property on which the violation occurs shall be liable for a
civil penalty not to exceed $3,000 for every such violation. Before
assessment of the civil penalty, the alleged violator shall be afforded
a hearing or opportunity to be heard before the Commission upon due
notice and with rights, to specification of the charges and representation
by counsel.
B. Restoration following violation. The Commission shall also have the power, following a hearing, to direct a violator to cease violation of this chapter and to, under the Commission's supervision, satisfactorily restore the affected controlled area and minimum activity setback area to its condition prior to the violation, insofar as that is possible, within a reasonable time and under the supervision of the Commission. Exercising of such power may be with or without the imposition of a fine under Subsection
A hereof.
C. Article 78 Review. Any civil penalty or order issued
by the Commission shall be renewable pursuant to Article 78 of the
Civil Practice Law and Rules.
D. Fines. In addition to the above civil fine any person
who violates any provision of this chapter shall be guilty of a violation
pursuant to the Environmental Conservation Law, punishable by a fine
of not less than $500 nor more than $1,000. For a second and each
subsequent offense, the violator shall be guilty of a misdemeanor
punishable by a fine of not less than $1,000 nor more than $2,000
or a term of imprisonment of not less than 15 days nor more than six
months, or both. Each offense shall be a separate and distinct offense
and, in the case of a continuing offense, each day's continuance thereof
shall be deemed a separate and distinct offense. Instead of these
punishments, any offender may be punished by being ordered by the
court to restore the affected freshwater wetland to its condition
prior to the offense, insofar as that is possible. The court shall
specify a reasonable time for the completion of such restoration,
which shall be effected under the supervision of the Commission.
Notwithstanding the penalties hereinabove provided,
the Town of Pound Ridge may maintain an action or proceeding in a
court of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of any provision of this chapter or any
permit granted hereunder.
The foregoing provisions for the enforcement
of this chapter are not exclusive but are in addition to any and all
rights and remedies of the Town of Pound Ridge at law or in equity
to restrain violations or threatened violations of this chapter and
to obtain damages therefor.