[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.