[Amended 5-17-2010 by L.L. No. 8-2010]
Whenever the Director of Engineering Services,
the Director of Public Safety, or their designees, is satisfied that
a building or structure is being erected, constructed, renovated,
altered or repaired, or that activity is occurring on property in
violation of this chapter or other applicable law, rule, order or
regulation, or in violation of a grant, approval, map or plan issued
or approved by an officer, board, department or agency of the Town,
he or she may order compliance by written notice of violation to the
property owner, operator, occupant or person-in-charge of the property,
or person committing the offense. The notice of violation shall identify
the violation or offense and may, without limitation, require the
abatement, remediation or restoration of the building, structure,
or property, within the period identified in the notice. Such notice
shall be deemed to be properly served if a copy is personally delivered
to the owner, operator, occupant, person-in-charge, or person committing
the offense; or if mailed by registered or certified mail to the last
known address of such person; or if a copy is posted in a conspicuous
place on the property and a copy mailed by registered or certified
mail within one (1) day of its posting to the property owner, operator,
occupant, person-in-charge or person committing the offense; or by
such other method authorized by the laws of the State of New York.
[Amended 6-3-2003 by L.L. No. 20-2003]
A.
The Director of Engineering Services and/or the Director
of Public Safety, or their designees may, in their sole discretion,
order the work being performed on any property, building or structure
suspended forthwith if he or she has reasonable grounds to believe
that the work is being performed in an unsafe and/or dangerous manner;
or the work is not in conformity with the building permit application,
plans and/or specifications approved by the Department or with the
permit issued by the Town; or the work is in violation of the Code
of the Town of Huntington, the Building Code of the State of New York
and/or other applicable law, ordinance, rule or regulation; or jeopardizes
the health, welfare or safety of the public or surrounding community;
or is injurious to Town property or the property of others.
B.
The stop-work order shall be in writing and shall
state the conditions under which the work may be resumed. The permit
holder shall be provided with a copy of the stop-work order by delivering
same to him or her in person, or to their agent or person in charge
of the property or work; or by posting the stop-work order in a conspicuous
place on the property. In all instances a copy of the stop-work order
shall be mailed by the Department to the permit holder or to the property
owner by certified mail to the address shown on the application for
a building permit.
C.
It shall be unlawful for any person to remove, alter,
obscure, deface, change or otherwise tamper with any portion of a
stop-work order that has been posted by the Town. The property owner
and/or permit holder shall be strictly liable for a violation of this
section. In addition to any other penalty provided for herein, the
permit may be revoked by the Director.
D.
Upon the issuance of a stop-work order, all activities
shall be immediately suspended until the stop-work order is rescinded.
Notwithstanding the issuance of a stop-work order, the Director of
Engineering Services and/or the Director of Public Safety, or their
designees, may, in their sole discretion, permit any part of the work
to continue if, in his or her judgment, same is necessary to protect
the health and safety of persons; or to preserve and safeguard the
premises or any portion of the buildings or structures located therein;
or to protect the surrounding community or Town property or the property
of others. Such officials may also require the property owner and/or
permit holder to take such temporary action as is deemed necessary
by the Town to protect the site or the welfare and safety of persons
or property pending resolution of the stop-work order. It shall be
unlawful and a violation of this section for any person to perform
any work or other activity in violation of a stop-work order issued
by the Town; or to deviate in any way from the work or activity permitted
by the Town pending resolution of the stop-work order; or to disobey
a lawful order of the Town. In addition to any other penalty provided
for herein, the permit may be revoked by the Director.
[Amended 10-15-1985 by Ord. No. 85-CE-14; 1-22-1991 by L.L. No. 1-1991; 8-30-1994 by L.L. No. 6-1994; 4-17-1996 by L.L. No.
7-1996;[1] 6-3-2003 by L.L. No. 20-2003; 10-28-2003 by L.L. No. 38-2003; 4-19-2005 by L.L. No. 6-2005; 10-16-2006 by L.L. No. 31-2006; 3-18-2008 by L.L. No. 10-2008; 5-17-2010 by L.L. No. 8-2010]
The Town Board intends to exercise its authority under § 10(1)(i)
and (ii)(a)(6), (a)(11) and (a)(12); § 10(1)(ii)(d)(3);
and § 10(4)(b) of the Municipal Home Rule Law, § 268(1)
of the Town Law and any other applicable provision of law now or hereinafter
enacted, to supersede and/or expand upon the applicable provisions
of § 268(1) of the Town Law, and any other applicable or
successor law pertaining to the enforcement of local laws and ordinances
in order to impose a penalty and fine structure that best reflects
the needs of the community.
A.
Any person or business entity who commits or permits
any acts in violation of a provision of this chapter or other applicable
provision of the state code shall be deemed to have committed an offense
and shall upon conviction thereof, be subject to a fine of not less
than two hundred fifty ($250) dollars and not more than five thousand
($5,000) dollars for a conviction of a first offense; upon the conviction
of a second offense, where the offense was committed within five (5)
years of the first offense, a fine of not less than one thousand ($1,000)
dollars and not more than ten thousand ($10,000) dollars; and upon
conviction of a third or subsequent offense, where the offense was
committed within five (5) years of the first offense, a fine of not
less than one thousand five hundred ($1,500) dollars and not more
than fifteen thousand ($15,000) dollars. Each day or part thereof
such violation continues or is permitted to exist shall constitute
a separate offense punishable in like manner. Written notice of a
violation is not a prerequisite for the imposition of such punishment
unless the subject of the prosecution is the noncompliance with such
notice.
[Amended 5-3-2011 by L.L. No. 16-2011; 8-11-2020 by L.L. No. 33-2020; 9-14-2021 by L.L. No. 50-2021]
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(B)
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Notwithstanding the provisions of § 87-45(A), any person or business entity who is the owner or is in charge of property where a violation of § 87-25(A) or (B), § 87-14(A), or § 87-26 has been committed or exists, or who commits an offense against the provisions of § 87-25(A) or (B), § 87-14(A) or § 87-26, or has control of the property and permits such offense to exist shall upon conviction be guilty of a offense, punishable by a fine of not less than five hundred ($500) dollars nor more than five thousand ($5,000) dollars, upon a conviction of a first offense; upon a conviction of a second offense, committed within five (5) years of the first conviction, a fine of not less than two thousand ($2,000) dollars nor more than ten thousand ($10,000) dollars; and upon conviction of a third or subsequent offense, committed within five (5) years of the first offense, a fine of not less than four thousand ($4,000) dollars nor more than fifteen thousand ($15,000) dollars. Each day, or part thereof such violation continues, following notification by the Town or service of a summons or appearance ticket, shall constitute a separate offense, punishable in like manner.
[Added 11-9-2011 by L.L. No. 30-2011[2]; amended 8-11-2020 by L.L. No. 33-2020; 9-14-2021 by L.L. No. 50-2021] |
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(C)
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Violation of § 87-25(C) or § 87-44(C). Notwithstanding
the provisions of § 87-45(A), any person or business entity
who is the owner or is in charge of property where a violation of
§ 87-25(C) or § 87-44(C) has been committed or
exists, or who commits an offense against the provisions of §
87-25(C) or § 87-44(C), or has control of the property and
permits such offense to exist shall be guilty of a misdemeanor, punishable
by a fine or penalty of not less than one thousand ($1,000) dollars
nor more than five thousand ($5,000) dollars, or by imprisonment not
exceeding three (3) months, or by both such fine and imprisonment
upon a conviction of a first offense; upon a conviction of a second
offense, committed within five (5) years of the first offense, a fine
of not less than two thousand ($2,000) dollars nor more than ten thousand
($10,000) dollars, or by imprisonment not exceeding six (6) months,
or by both such fine and imprisonment; and upon conviction of a third
or subsequent offense, committed within five (5) years of the first
offense, a fine of not less than four thousand ($4,000) dollars nor
more than fifteen thousand ($15,000) dollars or by imprisonment not
exceeding nine (9) months, or by both such fine and imprisonment.
Each day, or part thereof such violation continues, following notification
by the Town or service of a summons or appearance ticket, shall constitute
a separate offense, punishable in like manner.
[Amended 9-14-2021 by L.L. No. 50-2021] |
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(D)
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The occurrence of personal injury. Notwithstanding any other provision of § 87-45 to the contrary, any person or business entity who owns or is in possession and/or control of a building or structure and knowingly permits or allows the building or structure to be occupied or utilized for any purpose without a valid building permit, certificate of permitted use, certificate of occupancy or other necessary town approval having been issued shall be guilty of a misdemeanor in the event an occupant or any person suffers bodily injury or death in connection with such use and/or occupancy and, upon conviction thereof, shall be liable for a fine or penalty of not less than three thousand ($3,000) dollars and not more than fifteen thousand ($15,000) dollars or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment, and each day or part thereof such violation continues or is permitted to exist shall constitute a separate offense punishable in like manner. Written notice of a violation is not a prerequisite for the imposition of such fine, penalty and/or punishment.
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(E)
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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 and equitable relief, including but not limited to
compensatory actions; civil penalties in the amount of up to five
hundred ($500) dollars per day, or any part thereof; an action to
compel compliance with or to restrain by injunction the violation
of this chapter; and other remedies which in the opinion of the Town
Attorney may seem necessary and proper. Such civil and equitable 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 has occurred and shall be collected in the same manner.
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(F)
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In any civil or equitable action or proceeding commenced in
the name of the Town of Huntington for violations of this chapter,
if the Town is successful in its action or proceeding, it can expect
attorney fees to be paid in addition to other fines and penalties.
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(G)
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No oversight or dereliction of duty on the part of the Town
shall serve to legalize the maintenance, erection, construction, alteration,
modification, razing, or removal of a building or structure, or the
use and/or occupancy of any property, building or structure which
does not conform to the provisions of this chapter or other applicable
local, state and/or federal law, rule, ordinance or regulation.
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(H)
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In addition to any penalty provided in this Article, upon a
criminal conviction or finding of civil liability for violation of
§ 87-25(D), the court may impose a penalty in an amount not to
exceed the value of the rents collected or value of the consideration
received. Such funds shall be deposited into the Affordable Housing
Trust Fund.
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[2]
Editor's Note: This local law also redesignated former Subsections
B through G as Subsections C through H, respectively.
[Added 4-1-1997 by L.L. No. 8-1997]
In any prosecution for a violation of the provisions of this chapter, it is an affirmative defense that the building, structure or use is a nonconforming use as defined in § 198-2. A defendant who raises this affirmative defense must prove it by a preponderance of the evidence.
