HomeMy WebLinkAboutLL 2004 #19 ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
~L, XRRIAG E OFFICER
RECORDS I~LANAGEMENT OFFICER
FREEDOM OF INFOR2vLAT[ON OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold. Nexv York 11971
Fax (631) 765-6145
Telephone (631 ~ 765-1800
southoldtown.nort hfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 704 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON SEPTEMBER 21, 2004:
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed Local
Law entitled "A Local Law in relation to Amendments to Section 34 of Chapter 97 of the
Southold Town Code" is classified as a Type II Action pursuant to SEQRA Rules and
Regulations, 6 NYCRR Section 617.5~ and is not subiect to review under SEQRA.
Elizabeth A. Neville
Southold To~vn Clerk
ELIZABETH A. NEVILLE
TOWN CLERK
REGIST[L, kR OF VITAL STATISTICS
g~kRRIAGE OFFICER
RECORDS I~,LkNAGEMENT OFFICER
FREEDOM OF [NFORI~L-kTION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax t631) 765-6145
Telephone t631) 765-1800
sour holdtown.nort hfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 715 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON SEPTEMBER 21, 2004:
WHEREAS, there has been presented to thc Toxvn Board of the Town of Southold, Suffolk
County, New York, on the 7th day of September, 2004 a Local Law entitled "A Local Law in
relation to Amendments to Section 34 of Chapter 97 of the Southold Town Code" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, Now
therefor be it
RESOLVED that the Town Board of the Toxvn of Southold hereby enacts the followinll Local
Laxv:
A Local Law entitled "A Local Law in relation to Amendments to Section 34 of Chapter 97
of the Southold Town Code" reads as folloxvs:
LOCAL LAW NO.I~ 2004
A Local Law entitled, "A Local Law in relation to Amendments to Section 34 of Chapter 97
of the Southold Town Code".
BE IT ENACTED by the To~vn Board of the Town of Southold as follows:
I. Purpose - In order to amend the penalties provisions of Chapter 97 of the Town Code to
ensure compliance of that section xvith all applicable laws, and to provide clear guidance to the
public and Town officials regarding the consequences of violations of Chapter 97, it is necessary
to make the following changes.
II. Chapter 97 of the Code of the Town of Southold is hereby amended as follows:
§ 97-34. Compliance requirements and penalties for offenses.
B. For each offense against any of the provisions of this chapter or any regulations
made pursuant thereto, or failure to comply with a written notice or order of any Director
of Code Enforcement or Bay Constable within the time fixed for compliance therewith,
the owner, occupant, builder, architect, contractor or their agents or any other person who
commits, takes part or assists in the commission of any such offense or xvho shall fail to
comply xvith a written order or notice of the Director of Code Enforcement or Bay
Constable shall be subject to the following fine schedule. Each day on which such
violation occurs shall constitute a separate, additional offense.
(1)
Failure to obtain a permit. Any person conducting operations within the
jurisdiction of the Trustees without first obtaining a permit according to the
procedures outlined in this chapter shall be guilty ora violation and subject to a
fine of not less than $1,000 and not more than $4,000 or a term of imprisonment
of not more !egg than fifteen (15) days ....... ,~,~ ~;v t~ .... ,t,~ or both;
(2)
Failure to comply with the terms of a permit. Any person failing to comply with
the terms ora permit shall be subject to fine of not less than $500 and not more
than $l,000. For each subsequent offense, the violator shall be guilty of a class B
misdemeanor punishable by a fine not less than $1,000 nor more than $2,000 or a
term of imprisonment of not less than fifteen (15) days nor more than six (6)
months, or both.
(3)
Failure to heed a cease and desist order. Any person conducting operations tn
direct contradiction to the terms of a cease and desist order shall be subject to fine
of not less than $1,000 and not more than $2,000. For each subsequent offense,
the violator shall be guilty of a class B misdemeanor punishable by a fine not less
than $1,000 nor more than $2,000 or a term of imprisonment of not less than
fifteen (l 5) days nor more than six (6) months, or both;
Ill. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this laxv
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This local law shall take effect immediately upon its filing in the office of the Secretary of State
in accordance with Section 27 of the Municipal Home Rule Law.
Elizabeth A. Neville
Southold Town Clerk
STATE OF NEW YORK
DEPARTI~IENT OF STATE
4 I STATE STREET
ALBANY, NY I :::'~3 I OOO I
OEORC~E E PATAKI
October 1, 2004
RANDY A. DANIELS
RECEIVED
Town of Southold
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
OCT - 6 2004
$oulhold To~. Clerl~
RE: Town of Southold, Local Law 19, 2004, filed on 9/29/2004
To Whom It May Concern:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms will be forwarded upon request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
LL:cb
Local Law Filing
NEW YORK STATE DEP.~TMENT OF STATE
41 STATE STREET~ ALBANY1 NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of laxv should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of
SOUTHOLD
LOCAL LAW NO. 19 of 2004
A Local Law entitled, "A Local Law in relation to Amendments to Section 34 of Chapter 97 of the Southold
Town Code".
BE IT ENACTED by the Toxvn Board of the Town of Southold as folloxvs:
Purpose - In order to amend the penalties provisions of Chapter 97 of the Town Code to ensure compliance of
that section with all applicable laws, and to provide clear guidance to the public and Town officials regarding
the consequences of violations of Chapter 97, it is necessary to make the following changes.
Chapter 97 of the Code of the Town of Southold is hereby amended as follows:
§ 97-34. Compliance requirements and penalties for offenses.
B. For each offense against any of the provisions of this chapter or any regulations
made pursuant thereto, or failure to comply with a written notice or order of any Director
of Code Enforcement or Bay Constable within the time fixed for compliance there~vith,
the owner, occupant, builder, architect, contractor or their agents or any other person who
commits, takes part or assists in the commission of any such offense or who shall fail to
comply xvith a written order or notice of the Director of Code Enforcement or Bay
Constable shall be subject to the following fine schedule. Each day on which such
violation occurs shall constitute a separate, additional offense.
(1) Failure to obtain a permit. Any person conducting operations within the jurisdiction of the
Trustees without first obtaining a permit according to the procedures outlined in this chapter
shall be guilty of a violation and subject to a fine of not less than $1,000 and not more than
$4,000 or a term of imprisomnent of not more than fifteen (15) days or both;
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev. I I/99)
(2/
Failure to compl;y the terms of a permit. Any person fal~g to comply with the terms of a
permit shall be subject to fine of not less than $500 and not more than $1,000. For each
subsequent offense, the violator shall be guilty of a class B misdemeanor punishable by a fine
not less than $1,000 nor more than $2,000 or a term of imprisonment of not less than fifteen (15)
days nor more than six (6) months, or both.
(3)
Failure to heed a cease and desist order. Any person conducting operations in direct
contradiction to the terms ora cease and desist order shall be subject to fine of not less than
$1,000 and not more than $2,000. For each subsequent offense, the violator shall be guilty ora
class B misdemeanor punishable by a fine not less than $1,000 nor more than $2,000 or a term of
imprisonment of not less than fifteen (15) days nor more than six (6) months, or both;
SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Laxv shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
EFFECTIVE DATE
This local law shall take effect immediately upon its filing in the office of the Secretary of State in accordance
with Section 27 of the Municipal Home Rule La~v.
2
(Complete the certific~ql~n in the paragraph that applies to the fling of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that thc local law annexed hereto, designated as local law No. 19 of 20 04 . of thc
~(Town) (~4/4a~go) of SOUTHOLD was duly passed by thc
TOWN BOARD on September 21 , 20 04 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Toxvn)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the and was deemed duly adopted on 20
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20__
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20__, in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village)_ of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20__ Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor ora city or village, or the supervisor of
a town xvhere such officer is vested with the power to approve or veto local laws or ordinances.
3
5. (City local law concerning Cha evision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 __
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20 __.,
became operative.
6. (Count)' local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 ., above.
or officer designated by local ]egislati~ e body
Elizabeth A. Neville, To~vn Clerk
(Seal) Date: __
.September 23, 2004
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken ibr the enactment of the local law t~~
'atrieia *. ,ql, *ttorne.v
Title
To~vn of
SOUTHOLD
Date:
September 23, 2004
4
SOUTHOLD TOWN BOARD
PUBLIC HEARING
September 21, 2004
5:05 P.M.
HEARING ON "A LOCAL LAW IN RELATION TO AMENDMENTS TO SECTION 34 OF
CHAPTER 97 OF THE SOUTHOLD TOWN CODE".
Present: Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William P. Edwards
Town Clerk Elizabeth A. Neville
Town Attorney Patricia A. Finnegan
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that there has been presented to the
Town Board of the Toxvn of Southold, Suffolk County, Nexv York, on the 7th day of September, 2004 a
Local Law entitled "A Local Law in relation to Amendments to Section 34 of Chapter 97 of the
Southold Town Code" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a
public hearing on the aforesaid Local Law at the Southold Towm Hall, 53095 Main Road, Southold,
New York, on the 21st day of September, 2004 at 5:05 p.m. at which time all interested persons will
be given an opportunity to be heard.
The proposed Local Laxv entitled, "A Local La~v in relation to Amendments to Section 34 of
Chapter 97 of the Southold Town Code" reads as follows:
LOCAL LAW NO. 2004
A Local Law entitled, "A Local Law in relation to Amendments to Section 34 of Chapter 97 of the
Southold Tmvn Code".
BE IT ENACTED by the Toxvn Board of the Town of Southold as follows:
I. Purpose - In order to amend the penalties provisions of Chapter 97 of the Town Code to ensure
compliance of that section with all applicable laws, and to provide clear guidance to the public and
Town officials regarding the consequences of violations of Chapter 97, it is necessary to make the
following changes.
I1. Chapter 97 of the Code of the Town of Southold is hereby amended as follows:
§ 97-34. Compliance requirements and penalties for offenses.
September 21, 2004 2
Public Hearing-Amend Section 34 of Chapter 97
B. For each offense against any of the provisions of this chapter or any regulations made pursuant
thereto, or failure to comply with a written notice or order of any Director of Code Enforcement or Bay
Constable within the time fixed for compliance therewith, the o~vner, occupant, builder, architect,
contractor or their agents or any other person who commits, takes part or assists in the commission of
any such offense or who shall fail to comply with a written order or notice of the Director of Code
Enforcement or Bay Constable shall be subject to the following fine schedule. Each day on which
such violation occurs shall constitute a separate, additional offense.
(1) Failure to obtain a permit. Any person conducting operations within the jurisdiction of
the Trustees without first obtaining a permit according to the procedures outlined in this
chapter shall be guilty of a violation and subject to a fine of not less than $1,000 and not
more than $4,000 or a term of imprisonment of not more tess than fifteen (15) days nor
.... ,~ ~:,, ~ ~,~,,h~ or both;
(2) Failure to comply with the terms ora permit. Any person failing to comply with the
terms of a permit shall be subject to fine of not less than $500 and not more than
$1,000. For each subsequent offense, the violator shall be guilty of a class B
misdemeanor punishable by a fine not less than $1,000 nor more than $2,000 or a term
of imprisonment of not less than fifteen (15) days nor more than six (6) months, or both.
(3) Failure to heed a cease and desist order. Any person conducting operations in direct
contradiction to the terms of a cease and desist order shall be subject to fine of not less
than $1,000 and not more than $2,000. For each subsequent offense, the violator shall
be guilty ora class B misdemeanor punishable by a fine not less than $1,000 nor more
than $2,000 or a term of imprisonment of not less than fifteen (15) days nor more than
six (6) months, or both;
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Laxv shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or
any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This local law shall take effect immediately upon its filing in the office of the Secretary of State in
accordance ~vith Section 27 of the Municipal Home Rule Law.
COUNCILMAN WICKHAM: I have a notification that this has appeared on the Town Clerk's
bulletin board, it has also appeared as a legal in the newspaper and I have a memorandum from Jerilyn
B. Woodhouse, Chair of the Planning Board, which says "The proposed legislation pertains to
enforcement provisions of Chapter 97, a section of the Town Code that deals with the regulation of
activities near or on wetlands within the Town. Although the proposed amendment deals with matters
under the Board of Trustees jurisdiction, the Planning Board wishes to support the Trustees in their
efforts to protect the wetlands." I have a further communication from the Suffolk County Department
of Planning, "Gentlemen, Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative
Code, the above referenced applications is not within the jurisdiction of the Suffolk County Planning
Commission." And those are the only communications I have on this.
September 21, 2004 3
Public Hearing-Amend Section 34 of Chapter 97
SUPERVISOR HORTON: Thank you, Councilman Wickham. Would anybody care to address the
Board on this public hearing? Yes, Miss Adams.
JODY ADAMS: JodyAdams. What...
SUPERVISOR HORTON: Can we get your place of residence for the records?
MS. ADAMS: I have no residence.
SUPERVISOR HORTON: Okay.
MS. ADAMS: What does one have to do to pay $1,000, mandatory, not, you know, right? They have
to pay $1,000 if certain actions take place. Plus maybe they go to jail for 15 days, I, that, as I
understand it.
COUNCILMAN ROMANELLI: No less than $500.
MS. ADAMS: Pardon?
SUPERVISOR HORTON: No less than $1,000.
MS. ADAMS: Yeah, that is what I heard. What, ! mean ....
SUPERVISOR HORTON: Or and it is not 'and a term of imprisomnent' it says, 'or a term of
imprisonment'.
MS. ADAMS: Yeah. And or. (Unintelligible) one or the other.
SUPERVISOR HORTON: They would have to be in violation of Chapter 97.
MS. ADAMS: Well, xvhat is, would you explain a bit to me about 97?
SUPERVISOR HORTON: Chapter 97 is a lengthy provision in the Town Code that deals with the
direct jurisdiction that the Trustees have over wetlands.
MS. ADAMS: Well, a lady here this afternoon said you knout, xvhat, again I don't know whether it is
applicable or not, what if I put up stairs, you know, up like a two feet incline or a three feet incline,
stick some stairs in? There are so many things, which are violations of so many things that it seems to
me a mandatory fine, plus I think no matter how huge this, you know, I don't know why when you
amend something you don't...
SUPERVISOR HORTON: Violations of wetland codes are generally extremely straightforxvard.
MS. ADAMS: Oh, please. There is nothing in law that is straightfor~vard. Can you tell me some of
the, can the lawyer tell me some of the elements of this law?
September 21, 2004 4
Public Hearing-Amend Section 34 of Chapter 97
SUPERVISOR HORTON: Building on wetlands without a permit; building outside of, doing
construction or work that is outside of a granted permit, things of that nature.
MS. ADAMS: Well, I object.
SUPERVISOR HORTON: Okay. Would anybody else care to address the Board? (No response) We
will close this heating.
Southold Town Clerk
#7112
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Joan Ann Weber of Mattituck, in said county, being duly
sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper once each week for
1 weeks, successively, commencing on the
16th day of September ,2004.
Sworn to before me this
2004
NOTARY PUBLIC-STATI~ OF NEW YORK
No. 01-VO6105050
Qualified In Suffolk County
Commission Expires February 28, 2008
Principal Clerk
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIYEN thai
Amendments to Section 34 of Chapter
97 of the Soulhold Town Code" and
NOTICE IS HEREBY FURTHER
the Southold Town Halt, 53095 Main
day of September. 2004 at 5:05 p.m. at
The pmposed Local La~ entitled.
Sonthold Town Code" reads a, fol-
LI)CAL EAI,$ NO. _2004
To~.n Code."
cease and desist order shall be subject to
fine o£ nor les~ than $1.000 and
more than $2,0(KL For each qubsequent
offense, the ~ iolalor ,hall be guihy of a
class B misdemeanor punishable by a
I[I. SEVERABILITY
jtn'mdiclion to be invalid, the judgment
[~,: EFFECTI~, E DATE