The Town Board of the Town of Huntington has
determined that there exists in the Town of Huntington an increase
in the advertisement for lease and/or hire of residential properties
containing illegal apartments as well as an increase in the listing
and leasing of illegal apartments that are substandard or constructed
in violation of the Code of the Town of Huntington. The advertisement
for lease and/or hire of these residential properties and dwelling
units overburdens municipal services and fosters deterioration of
the housing stock within the township. The Board finds that stricter
regulations will serve to strengthen enforcement efforts to reduce
illegal housing; advance the health, safety and welfare of Town residents
and promote the peace and good order.
[Amended 11-6-2019 by L.L. No. 56-2019]
(A) A person or business entity who commits or permits
any acts in violation of any provision of this Article shall be deemed
to have committed an offense against this Article, and shall upon
conviction thereof, be subject to a fine of not less than five hundred
($500.) dollars and not more than two thousand five hundred ($2,500.)
dollars. Each week or part thereof such violation continues or is
permitted to exist following notification by the Town or service of
a summons, appearance ticket or notice of violation returnable before
the Bureau of Administrative Adjudication, shall constitute a separate
offense, punishable in like manner. Any person or entity found by
the Bureau of Administrative Adjudication to have violated this article
shall likewise be subject to a monetary penalty in an amount within
the range of fines authorized herein for any offense or continuing
offense.
(B) In addition to the penalty set forth above and any
other remedy available to the Town, the Town Board may 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 article.
(C) In addition to the criminal penalties set forth herein
or in other applicable law, rule or regulation, the Town Attorney
is authorized to pursue civil relief, including but not limited to,
compensatory actions or fines or other civil remedies which in the
opinion of the Town Attorney may seem necessary and proper. Such civil
relief may be sought in a court of competent jurisdiction or from
a duly appointed hearing officer whenever permitted by law. Any civil
monetary penalty awarded may be added to the tax bill of the property
where the violation occurred.