[Amended 8-18-1987 by L.L. No. 12-1987]
A. Except as otherwise expressly provided, any person
or persons, associations or corporation who shall violate any of the
provisions of this chapter or fail to comply therewith or with any
of the requirements thereof or who shall erect, construct, alter or
repair or who has erected, constructed, altered or repaired a building
or structure in violation of any statement or plan submitted and approved
thereunder or of a permit or certificate issued thereunder shall be
guilty of a violation punishable as follows: by a fine of not less
than $500 nor more than $5,000 or imprisonment for not more than 15
days, or both such fine and imprisonment, for a conviction of a first
offense; by a fine of not less than $5,000 nor more than $10,000 or
imprisonment for not more than 15 days, or both such fine and imprisonment,
for a conviction of a second or subsequent offense. The owner and/or
tenant of a building, structure or premises or part thereof where
anything in violation of this chapter shall be placed or shall exist
and any architect, engineer, builder, contractor, agent, person or
corporation employed in connection therewith and who may have assisted
in the commission of such violation shall each be guilty of a separate
offense and, upon conviction thereof, shall be dealt with as herein
provided. The following minimum penalties set forth below, with the
maximum penalty as set forth above, shall apply to each tree unlawfully
removed without having first obtained a tree removal permit and/or
to the failure to replace trees as required. To the extent feasible,
for enforcement purposes, the diameter of each tree unlawfully removed
shall be measured at a height of 4 1/2 feet above the base of
the trunk; otherwise, the measurement shall be taken at the stump.
Where the diameter of a removed tree cannot be ascertained, the fine
for each tree unlawfully removed shall be the same as the fine for
a tree measuring 25 inches or greater in diameter.
[Amended 8-21-1990 by L.L. No. 8-1990; 4-2-2002 by L.L. No. 4-2002; 10-18-2005 by L.L. No.
10-2005; 11-18-2021 by L.L. No. 21-2021]
Tree Diameter
(inches)
|
Minimum Fine
(first offense)
(per tree)
|
Minimum Fine
(second or subsequent offense)
(per tree)
|
---|
6 to 10
|
$500
|
$5,500
|
11 to 15
|
$1,000
|
$6,000
|
16 to 18
|
$1,500
|
$6,500
|
19 to 24
|
$2,500
|
$7,500
|
25 or greater
|
$5,000
|
$10,000
|
B. The imposition of the penalties herein prescribed
shall not preclude the Town Counsel from instituting any appropriate
action or proceeding to prevent an unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
or to restrain, correct or abate a violation or to prevent an illegal
act, conduct, business or use in or about any premises.
C. No oversight or dereliction of duty on the part of
the Building Commissioner shall legalize the erecting, construction,
alteration, removal, use or occupancy of a building or structure that
does not conform to the provisions of the Building Code.
[Amended 4-2-2002 by L.L. No. 4-2002; 11-18-2021 by L.L. No. 21-2021]
This ordinance shall be effective upon completion
of required publication, but in no event sooner than June 1, 1965.