[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.