It is the intention of the Huntington Town Board
pursuant to § 64 (5-A) and § 130 (5) and (15)
of the Town Law, and all other applicable and successor laws and rules,
to maintain a clean, wholesome, attractive community and to guard
against the creation of nuisances and conditions that may endanger
the health, safety and welfare of Town residents; spread disease;
create fire hazards; reduce the value of property; interfere with
the use and enjoyment of adjoining properties and interfere with the
comfort and well being of the public.
A Portable On Demand Storage Unit (P.O.D.) or
other temporary storage facility placed, located or maintained on
a sidewalk, street, roadway or public right-of-way shall be deemed
abandoned and a hazard to the general public, and the Director of
Public Safety shall be authorized to impound such units without notice
to the owner or occupier of the property and/or the owner of the storage
unit. Such owners and/or occupiers shall be jointly and severally
liable to the town in the sum of One Hundred Fifty ($150.) Dollars
for each unit impounded and a storage fee of Ten ($10.) Dollars per
unit for each day, or part thereof, the unit(s) are stored by the
Town.
[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 provisions 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 One Hundred Fifty ($150.) Dollars
and not more than One Thousand Five Hundred ($1,500.) Dollars. Each
day or part thereof such violation continues or is permitted to exist
shall constitute a separate offense punishable in like manner. Any
person or entity found by the Bureau of Administrative Adjudication
to have violated any provision of 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 penalties set forth above, the Town Attorney may
maintain an action in the name of the Town in a court of competent
jurisdiction for civil penalties in the sum of not less than One Hundred
Fifty ($150.) Dollars and not more than One Thousand Five Hundred
($1,500.) Dollars per day for each violation of this article.
(C) In addition to the penalties set forth above and any other remedy
available to the Town, the Town Attorney 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 a violation
of this article and/or to recover legal fees.