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HomeMy WebLinkAboutLL 2006 #15 * RECEIVED JAN - 8 Z007 STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231-0001 Southold Town Clerk January 3, 2007 ELIOT SPITZER GOVERNOR Town of Southold Town Clerk, Town Hall 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Town of Southold, Local Law 15, 2006, filed on 12/13/2006 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 WWW.OOS.STATE.NY.US . E-MAIL: INFO@OOS.STATE.NY.US SOUTHOLD TOWN BOARD PUBLIC HEARING November 21, 2006 5:05 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIYEN there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 17th day of October 2006, a Local Law entitled," A Local Law in relation to Amendments to Penalties in 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 Town Hall, 53095 Main Road, Southold, New York, on the 21st day of November, 2006 at 5:05p.m., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Penalties in the South old Town Code" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to Amendments to Penalties in the Southold Town Code". BE IT ENACTED by the Town Board of the Town of South old as follows: I. PURPOSE The Town Board has reviewed the penalties associated with violations oflhe Southold Town Code and determined that insofar as the amounts of the fines have not been updated in at least ten years, they do not reflect a fair and appropriate assessment against those convicted of offenses and crimes under the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un-permitted and/or illegal activity and as a punitive response where warranted. II. CHAPTERS 144, 135, 233, 264, 228 and 100 are hereby amended as follows: Fire Prevention and Building Constmction S 144-20 Compliance required; penalties for offenses. A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use or occupy or maintain any building or structure or portion thereof in violation of any provisions of this chapter, or to fail in any manner to comply with a notice, directive, or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. B. For each offense against any provisions of the Uniform Code, Enen!v Code, or of this chapter, or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Building Inspector 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 who shall fail to comply with a written order or notice of any Building Inspector shall, upon a first conviction thereof, be guilty of a violation punishable by a fine not exceeding fiye lUlHdred to exceed five thousand dollars ($~.) ($5,000.)or imprisonment for a period not to exceed fi fteen (15) days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eigHteen (18) thirtv-six (36) months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding one tHousand fiye hundred to exceed ten thousand dollars ($1500.) ($10,000) or imprisonment for a period not to exceed fifteen (15) days, or both such fine and imprisonment. Farm Stands 9135-6. Penalties for offenses. Any violation of this chapter shall be grounds for revocation of the farm stand permit. Furthermore, any violator of this chapter shall, upon conviction, be guilty ofa yiolation an offense punishable by a fine not exceeding to exceed one thousand dollars ($1 ,000.) ~or imprisonment for a period not to exceed fifteen 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eil!hteenl8 months thereafter, such person shall be guilty ofa violation an offense punishable by a fine not exceeding $1,500 to exceed five thousand dollars($5,000.) or imprisonment for a period not to exceed fifteen 15 days or both such fine and imprisonment. Solid Waste 9233-6. Penalties for offenses. A. Illegal dumping. Any person committing an offense of illegal dumping under this chapter shall, upon conviction thereof, be guilty of a violation punishable as follows: (I) For a first offense: (a) A fine not less than $1,000. and not more than S~ $5,000.; (b) Imprisonment for a term not c),ceeding to exceed 15 -W-days.; or (c) Community service offortv (40) hours, to be performed within Ml days of the date of sentencing the Town of Southold. (2) For a second offense: (a) A fine of not less than $~S5,000. and not more than $~$10,000.; (b) Imprisonment for a term not exceeding to exceed thirtv 30 days; or (c) Community service of one hundred twentv (120) hours, to be performed within 90 days of the date of sentencing the Town of Southold. Vehicles, Motor-Driven 9264-20 Penalties for offenses; restitution. A. Any person, fiml or corporation violating or permitting the violation of any provision of this chapter shall be guilty ofa violation and shall be subject to a fine of not less than $50. nor more than $~$500. or to imprisonment of not more tHan not to exceed fifteen (15) days, or both such fine and imprisonment. Each day's continued violation shall constitute a separate offense. In tHe case of a second or subsequent v;olation, the COHrt may order confiscation of said vehicle or conveyance in lieu of any fine and/or imprisonment. Any second or subsequent conviction of such person, firm or corporation shall be subiect to a fine not less than two hundred fiftv ($250.) dollars nor more than seven hundred fiftv($750.) dollars and the vehicle or convevancc shall be subiect to confiscation pursuant to &264-]9. Any vehicle or conveyance which is confiscated pursuant to this section and stored bv the Town in excess of thirtv (30) davs mav, upon conviction under this chapter, will-be sold at public auction according to the appropriate procedures and laws affecting public auctions by municipalities. Soil Removal 9228-13 Penalties for offenses. Any person committing an offense against any provision ofthis chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty to exceed two thousand five hundred dollars (~) ($2,500.) or by imprisonment for a term not exceeding to exceed fifteen (I5) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is committed, a separate and distinct additional offense hereunder. Buildings, Unsafe 9 I 00-1 0 Penalties for offenses. A. Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of an offense a violation punishable by a fine not to exceed two hundred fifty five thousand dollars ($~($5,000.) or by imprisonment for a tenn not to exceed fifteen (I5) days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense or ...iolation. B. Nothing in this chapter shall be eonotrued as depri...ing the town of any other available remedy rclc...ant to a violation of this chapter. B. In addition to the criminal violation, the Town Attornev is authorized to pursue anv and all actions in law or equity, includinl! but not limited to actions for compensatorv damal!es, civil penalties, or in iunctive relief. Co Strict Liabilitv. Personal knowledl!e of the existence of a violation under this chapter is not required, no mens rea (intent) is required, and anv violation charl!ed herein shall be one of strict Iiabilitv. III. 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 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 filing with the Secretary of State as provided by law. This has gone to the Planning Board, the Planning Board responded in a memo dated November 20th 'The Planning Board is in receipt of the request for comments regarding the above referenced local law amendment. We have reviewed the legislation and recommend its approval.' I have another reference here that it has appeared on the Town Clerk's bulletin board and the Town Clerk assures me that it has appeared as a legal in the Suffolk Times newspaper. From the Suffolk County Planning Commission, there should be a comment if I can find it here but maybe I can't, yes, 'Pursuant to the Suffolk County administrative code, this application is not within the jurisdiction of the Suffolk County Planning Commission.' And those are all the comments we have in here. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this public hearing? Mrs. Egan') JOAN EGAN: Joan Egan, East Marion. What do you mean by penalties? SUPERVISOR RUSSELL: That would be penalties, fines for the legal.. MS. EGAN: So it is monetary? SUPERVISOR RUSSELL: Yes. MS. EGAN: Yeah. Your whole problem with 75 percent of these public hearings is the enforcement. SUPER VISOR RUSSELL: That is what this is designed to start to address in that... MS. EGAN: We definitely need another code enforcer. SUPERVISOR RUSSELL: I agree. MS. EGAN: There is no question, I don't know how long Mr. Forrester is going to stay with the Town of Southold but certainly, certainly we need another code enforcer here and I think Mrs. Moore quite some time, the last fall, reviewed the problems, even getting the Building Department and this Department and that Department to even get started once you are going to do some new building or something, it is a problem. It is a problem but the real problem that I see in this one is code enforcer. SUPERVISOR RUSSELL: Yeah, we do, I agree with you. We need more code enforcement. Mr. Forrester, I have been putting a huge focus on code enforcement, we have regular meetings, coordinated meetings with all Boards. I think we are moving in the right direction, we are improving every day. One of the failings is, is that having to make sure that we have the code language that is meaningfuL We have been violating people, code violators and at thc cnd of the day, when they come in and the cases are adjudicated, the fines are so low that there is no discouragement to violate the code. So, I mean, it is a multi-pronged approach and there is no one silver bullet that is going to automatically lead this community to code compliance but it is a several step process and we are getting there everyday. MS. EGAN: How about my being appointed as a code enforcer at no salary? SUPERVISOR RUSSELL: You already are. It is just that I am not paying you. MS. EGAN: Oh, I am doing a good job. SUPERVISOR RUSSELL: I know you are. MS. EGAN: And they, as I said, they get a warning and then they get a $25 and then they it is right up to $1,000 so... SUPERVISOR RUSSELL: Now we have violations that will go to $5,000 and $10,000. MS. EGAN: Good. I will catch them all. I saw that Mr. Krupski over there, he got to his people to get the soil enclosed. Right, dear? I called that one right away. COUNCILMAN KRUPSKI: Yes. Yes. MS. EGAN: Good. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this initiative? (No response) Hearing none, let's close the hearing. * * * * * .l}d& Eli eth A. Ncvillc Southold Town Clerk . . NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET. ALBANY. NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. C8lill1t~. ~ Town of '.'illago SOUTHOLD LOCAL LAW NO...li...2006 A Local Law entitled, "A Local Law in relation to Amendments to Penalties in the Southold Town Code". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE The Town Board has reviewed the penalties associated with violations of the Southold Town Code and determined that insofar as the amounts ofthe fines have not been updated in at least ten years, they do not reflect a fair and appropriate assessment against those convicted of offenses and crimes under the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un-permitted and/or illegal activity and as a punitive response where warranted. II. CHAPTERS 144, 135,233,264,228 and 100 are hereby amended as follows: Fire Prevention and Building Construction S 144-20 Compliance required; penalties for offenses. A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use or occupy or maintain any building or structure or portion thereof in violation of any provisions of this chapter, or to fail in any manner to comply with a notice, directive, or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. B. For each offense against any provisions of the Uniform Code, Energy Code, or of this chapter, or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Building (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.ll/99) 1 I~spector within the time fixed fo!mPliance therewith, the owner, occupl 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 any Building Inspector shall, upon a first conviction thereof, be guilty of a violation punishable by a fine not to exceed five thousand dollars ($5.000.)or imprisonment for a period not to exceed fifteen (15) days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within thirty-six (36) months thereafter, such person shall be guilty of a violation punishable by a fine not to exceed ten thousand dollars ($10,000) or imprisonment for a period not to exceed fifteen (15) days, or both such fine and imprisonment. Farm Stands S 135-6. Penalties for offenses. Any violation of this chapter shall be grounds for revocation of the farm stand permit. Furthermore, any violator of this chapter shall, upon conviction, be guilty of an offense punishable by a fine not to exceed one thousand dollars ($1.000.)-or imprisonment for a period not to exceed fifteen IS days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eil!hteen 18 months thereafter, such person shall be guilty of an offense punishable by a fine not to exceed five thousand dollars($5,OOO.) or imprisonment for a period not to exceed fifteen 15 days or both such fine and imprisonment. Solid Waste S233-6. Penalties for offenses. A. Illegal dumping. Any person committing an offense of illegal dumping under this chapter shall, upon conviction thereof, be guilty of a violation punishable as follows: (1) For a first offense: (a) A fine not less than $1,000. and not more than $5.000.; (b) Imprisonment for a term not to exceed 15 days.; or (c) Community service of!!!!:!'y"(40) hours, to be performed within the Town of South old. (2) For a second offense: (a) A fine of not less than $5,000. and not more than $10.000.; (b) Imprisonment for a term not to exceed thirty 30 days; or (c) Community service of one hundred twenty (120) hours, to be performed within the Town of SouthoId. Vehicles, Motor-Driven S264-20 Penalties for offenses; restitution. A. Any person, firm or corporation violating or permitting the violation of any provision of this 2 c~aPter shall be guilty of a violati' and shall be subject to a fine of not leslan $50. nor more than $500. or to imprisonment not to exceed fifteen (15) days, or both such fine and imprisonment. Anv second or subsequent conviction of such person. firm or corporation shall be subject to a fine not less than two hundred fifty ($250.) dollars nor more than seven hundred fifty ($750.) dollars and the vehicle or convevance shall be subiect to confiscation pursuant to &264-19. Any vehicle or conveyance which is confiscated pursuant to this section and stored bv the Town in excess of thirty (30) davs mav. upon conviction under this chapter, be sold at public auction according to the appropriate procedures and laws affecting public auctions by municipalities. Soil Removal 9228-13 Penalties for offenses. Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not to exceed two thousand five hundred dollars ($2.500.) or by imprisonment for a term not to exceed fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is committed, a separate and additional offense hereunder. Buildings, Unsafe 9100-10 Penalties for offenses. A. Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of an offense a violation punishable by a fine not to exceed five thousand dollars ($5.000.) or by imprisonment for a term not to exceed fifteen (15) days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense or violation. B. In addition to the criminal violation. the Town Attornev is authorized to pursue anv and all actions in law or equity. includinl!. but not limited to actions for compensatorv damal!.es. civil penalties. or injunctive relief. Co Strict Liabilitv. Personal knowledl!.e of the existence of a violation under this chapter is not required. no mens rea (intent) is required. and anv violation charl!.ed herein shall be one of strict liability. III. 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 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 filing with the Secretary of State as provided by law. 3 . . (Complete the certification in the paragraph that applies to the filing of this local law and strike ont that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. _15_ of 20 ~ of the (C8~ftt) )(Cit)~(Town) ('.'ilIag8) of SOUTHOLD was duly passed by the TOWN BOARD on_November 21_,20 06 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repass age after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of the (County)(City)(Town)(Village) of on disapproval) by the in accordance with the applicable provisions oflaw. of20 was duly passed by the 20 _, and was (approved)(not approved)(repassed after and was deemed duly adopted on 20 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 ofa (mandatory)(permissive) referendum, and received the affirmative vote ofa majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20_ , in accordance with the applicable provisions oflaw. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) of 20 of the 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. I hereby certify that the local law annexed hereto, designated as local law No. (County)(City)(Town)(Village) · 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 of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 4 . . . 5. (City local law concerning Charter revision 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. (County 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 ofa 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. ~ort,.;JJ~ Clerk of the County legislative body. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk (Seal) Date: November 30, 2006 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney oflocality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing locallaw~ntains the corre ext and that all proper proceedings have been had or taken for the enactment of the local law ann ed h eto. CStllltj Gity Town of SOUTHOLD '1,Til1ag~ Date: November 30. 2006 5 . Town of Southold - Letter . GL- - enM-,' leel Board Meeting of November 21,2006 RESOLUTION 2006-918 ADOPTED Item # 33 DOC ID: 2317 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-918 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 21, 2006: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of October 2006, a Local Law entitled," A Local Law in relation to Amendments to Penalties in 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 Town of South old hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Penalties in the Southold Town Code" reads as follows: LOCAL LAW NO. 15 2006 A Local Law entitled, "A Local Law in relation to Amendments to PenaIties in the Southold Town Code". BE IT ENACTED by the Town Board of the Town of South old as follows: I. PURPOSE The Town Board has reviewed the penalties associated with violations of the Southold Town Code and determined that insofar as the amounts of the fines have not been updated in at least ten years, they do not reflect a fair and appropriate assessment against those convicted of offenses and crimes under the Town Code. Therefore, the Town Board believes it necessary to Generated November 28,2006 Page 63 Town of Southold - Lette. Board .ting of November 21,2006 increase the amounts of the fines to discourage potential violators from un-permitted and/or illegal activity and as a punitive response where warranted. II. CHAPTERS 144, 135,233,264,228 and 100 are hereby amended as follows: Fire Prevention and Building Construction ~ 144-20 Compliance required; penalties for offenses. A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use or occupy or maintain any building or structure or portion thereofin violation of any provisions of this chapter, or to fail in any manner to comply with a notice, directive, or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. B. For each offense against any provisions of the Uniform Code, Ener2V Code, or of this chapter, or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Building Inspector 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 who shall fail to comply with a written order or notice of any Building Inspector shall, upon a first conviction thereof, be guilty of a violation punishable by a fine not exceeding fi'le lumdred to exceed five thousand dollars ($W\l.) ($5.000.)or imprisonment for a period not to exceed fifteen (J 5) days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eigiltcsn (J 8) thirty-six (36) months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding one thousand fiye hundred to exceed ten thousand dollars ($1500.) ($10.000) or imprisonment for a period not to exceed fifteen (15) days, or both such fine and imprisonment. Farm Stands ~ 135-6. Penalties for offenses. Any violation of this chapter shall be grounds for revocation of the farm stand permit. Furthermore, any violator of this chapter shall, upon conviction, be guilty of a violation an Generated November 28, 2006 Page 64 . Town of South old - Letter . Board Meeting of November 21, 2006 offense punishable by a fine not c),eccaing to exceed one thousand dollars ($1.000.) $500. or imprisonment for a period not to exceed fifteen IS days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within ei2hteen 18 months thereafter, such person shall be guilty of a '.iolation.!ill offense punishable by a fine not c),ceeaing $1,500 to exceed five thousand dollars($5.000.) or imprisonment for a period not to exceed fifteen IS days or both such fine and imprisonment. Solid Waste 1}233-6. Penalties for offenses. A. Illegal dumping. Any person committing an offense of illegal dumping under this chapter shall, upon conviction thereof, be guilty of a violation punishable as follows: (1) For a first offense: (a) A fine not less than $1,000. and not more than $~ $5.000.; (b) Imprisonment for a term not exceeaing to exceed 15 -W-days.; or (c) Community service offm:!I..(40) hours, to be performed within W days of the aate of sontencing the Town of Southold. (2) For a second offense: (a) A fine of not less than $~$5.000. and not more than $~$10,000.; (b) Imprisonment for a term not exceeding to exceed thirty 30 days; or ( c) Community service of one hundred twenty (120) hours, to be performed within 90 days ofthe aate of sentencing the Town of Southold. Vehicles, Motor-Driven 1}264-20 Penalties for offenses; restitution. A. Any person, firm or corporation violating or permitting the violation of any provision of this chapter shall be guilty of a violation and shall be subject to a fine of not less than $50. nor more than $~$500. or to imprisonment ef not more than not to exceed fifteen (15) days, or both such fine and imprisonment. Each day's continllca violation shall constitute a sOflarate offense. In thc case of a secona or sooseCluent violation, the court may order confiscation of said vehicle er convcyanee in liea 0f an)' fine aml/m imjlris0nment. Any second or subsequent conviction of such person, firm or corporation shall be subiect to a fine not Generated November 28, 2006 Page 65 Town of South old - Lette_ Board .ting of November 21,2006 less than two hundred fifty ($250.) dollars nor more than seven hundred fiftv($750.) dollars and the vehicle or convevance shall be subiect to confiscation pursuant to !l264-19. Any vehicle or conveyance which is confiscated pursuant to this section and stored bv the Town in excess of thirty (30) davs mav. upon conviction under this chapter, wHl-be sold at public auction according to the appropriate procedures and laws affecting public auctions by municipalities. Soil Removal 9228-13 Penalties for offenses. Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not eKceeding t",.'o hundred ~to exceed two thousand five hundred dollars (~) ($2.500.) or by imprisonment for a term not e)(eeediag to exceed fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is committed, a separate and distinst additional offense hereunder. Buildings, Unsafe S 1 00-1 0 Penalties for offenses. A. Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of an offense a violation punishable by a fine not to exceed twe huRdred fifty five thousand dollars ($~($5.000.) or by imprisonment for a term not to exceed fifteen (15) days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense er ,..ielatioa. B. Nothiag ia this e-hajlter shall be eeastrued as dCflri'.ing the town of any other available remedy relevant to a violation of this ehajltor. B. In addition to the criminal violation. the Town Attornev is authorized to pursue anv and all actions in law or equity. includinl!. but not limited to actions for compensatorv damal!.es. civil penalties. or iniunctive relief. C. Strict Liabilitv. Generated November 28, 2006 Page 66 . . . Town of South old - Letter . Board Meeting of November 21,2006 Personal knowledl!e of the existence of a violation under this chanter is not required. no mens rea (intent) is required. and any violation charl!ed herein shall be one of strict Iiabilitv. III. 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 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 filing with the Secretary of State as provided by law. ~Ci.~..:p.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [4 TO 2] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Louisa P. Evans, Daniel C. Ross, Scott Russell, Albert Krupski Jr. NAYS:Thomas H. Wickham, William P. Edwards Generated November 28, 2006 Page 67 #8133 RECEIV;:D o STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Souj;.c;cl Te\!! G~r!( Candice Schott 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 week(s), successively, commencing on the 7th day of December. 2006. {lu" Jl~ Principal Clerk Sworn to before me this 2006 1 day of f0tc J D/~2~l~!-llt ltYif NOTARY PUBLIC-STArr OF NEW YORK No. 01 ~vc.::, i ('~_ltJ50 Qual1iled In ::)cl';-'htv county '"~nrflml"lon Explrbo ,~.t'-r\-lMrv ~FL 2Q08 LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold. Suffolk County, New York. on the 17th day of October 2006, a Local Law entitled," A Local Law in relation to Amendments to Penalties in the Southold Town Code" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold held a public hear- ing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard. NOTICE IS FURTHER GIVEN THAT the Town Board enacted the proposed Local Law entitled. "A Lo- cal Law in relation to Amendments to Penalties in the Southold Town Code" which reads as follows: LOCAL LAW NO._15 OF 2006 A Local Law entitled, "A l..fleal Law in relation to Amendments to Penalties in the SODthoId Town Code". BE IT ENACTED by the Town Board of the Town of Southold as fol- lows: I. PURPOSE The Town Board has reviewed the penalties associated with violations of the Southold Town Code and deter- mined that insofar as the amounts of the fines have not been updated in at least ten years, they do not reflect a fair and appropriate assessment against those convicted of offenses and crimes under the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un-permitted and/or illegal activity and as a punitive response where warranted. n. CHAPTERS 144, 135, 233, 264, 228 and 100 are hereby amended as fol- lows: Fire Prevention and Building Con- struction U 44-20 Compliance required; penal- ties for offenses. A. It shall be unlawful for any per- son. firm or corporation to construct, alter, repair, move. remove, demolish, equip. use or occupy or maintain any building or structure or portion thereof in violation of any provisions of this chapter. or to fail in any manner to com- ply with a notice. directive, or order of the Building Inspector. or to construct. alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. B. For each offense against any pro- visions of the Uniform Code. Enel'lY Code, or of this chapter, or any regula- tions made pllniuant thereto, or failure to comply with a written notice or order of any Building Inspector 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 as- sists in the commission of any such of- fense or who shall fail to comply with a written order or notice of any Build- ing Inspector shall, upon a first con- viction thereof, be guilty of a violation punishable by a fine 1,6t ucc....d;.1.5 f~.(. htmdred- to exceed five thousand dol- lars. ($:500.) ($5,000.) or imprisonment for a period not to exceed fifteen (15) days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a sec- ond and subsequent conviction within ....;&.twu (18) thirtv_six 136) months thereafter, such person shall.be guilty of a violation punishable by a fine not ...A..........d.;U& Oil'::' tl.v.......nd ft..':. Attm:I..Gd to exeeN ten thRIII.And dollars. ($i5OO;) fSJj)JtOO) or imprisonment for a period not to exceed fifteen (15) days, or both such fine and imprisonment. Farm Stands ~ 135-6. Penalties for offenses. Any violation of this chapter shall be grounds for revocation of the farm ---..d ~-Furtbermore, any violator of this chapter shall, upon conviction, be guilty of a 'riobtitm- an oft'ense punish- able by a fine not '::'XGCc&..le. to exeeed one thousand dollars IS1.000.) $5e&. or imprisonment for a period not to ex- ceed filkm 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eitl!'hteen 18 months thereafter, such person shall be guilty of a .;6l.:.b.~.. an ofl'ense punishable by a fme not ex-- (G.....:L.& $1.588 to exceed five thousand dollarsISS.OOO.) or imprisonment for a period not to exceed fifteen 15 days or both such fine and imprisonment. Solid Waste ~233-6. Penalties for offenses. A. Illegal dumping. Any person committing an offense of illegal dump- ing under this chapter shall, upon con- viction thereof, be guilty of a violation punishable as follows: (1) For a first offense: (a) A fine not less than $1,000. and not more than $t;:5OO. ~ (b )Imprisonment for a term not ~ eeeding- to exeeed 15 'ill days.; or (c) Community service of furty (40) hours, to be performed within ~ vf H..... dM.... ~f .......,l..........;..A the Town of Sonthold. (2) For a second offense: (a) A fine of not less than ~and not more than $5;OO9oi!J!.!!!l!l.; (b) Imprisonment for a term not-ex--- ~30days; 0' (c) Community. service of ~ dred twenl\' (120) hours, to be performed within 98 J...}.. vi th..:. -i.-..l.... vC ".....~U...:...6 the Town of Southold. Vehicles, Motor-Driven ~264-20 Penalties for offenses; resti- tution. A. Any person, firm. or corporation violating or permitting the violation of any . provision of this chapter shall be guilty of a violation and shall be subject to a fine of not less than $50. nor more than $259.-" or to imprisonment of uvl.......... thafi .lot 10 exceed fifteen (15) days, or both such fine and imprison- ment. :c........l. d....} 'j. uml;"~....d. .;...I....ti6H JI1MI Cv.dJ.b.l~~ .. ""y...at..:. 6ff~u....... I" 1I... ....J(.. of J. ~~vud. v' ....b......'itlC-.l..t .;~ luhv..., tl..... t6tht M.L.} ~.d...... ........ufi.........hVl\. of :l&.d ....h.:...l... v~ MJ\.c)~....;u K..... of U"} fill'- ..:I...d.'.:.. ;u.y.;~v~u.......l. ~ ond or SUMeouent conviction of SDt':h oerson. firm. or corooration sball be snbied to a fine not less than two bun_ dred fifty 1$2..IijO.\ do'lan nor more than seven hundred fiftylS7SO.l doDars and the vehicle or convevanee shall be sub- ,.. iect to confist:8tion nursuant to 6264-19. Any vehicle or conveyance which is confiscated pursuant to this section lUUI. stored bv the Town in exceSA of thirt.y 130\ days m"'Y- nooo conviction under this diaDter. wiH-be sold at public auc- tion according to the appropriate proce- dures and laws affecting public auctions by municipalities. Soil Removal ~228-13 Penalties for offenses. Any person committing an offense against any provision of this chapter shall, upon conviction thereo~ be guilty of a violation punishable by a fine not (..x.xcd~t t..~ hb.ud~....d hit) to exeeed two thousand five hundred dollars ~ ~ or by imprisonment for a term not ....A....~.d:...I..& to exceed fifteen (15) days., or by both such fine and imprison- ment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is committed, a separate and distinet IHI= .diWmaLoffense hereunder. Buildings, Unsafe ~100-1O Penalties for offenses. A. Any person who neglects, refuses or fails to comply with any order or no- tice issued hereunder shall be guilty of an offense a violation punishable by a fme not to exceed l..~ l.yud.~d toft) five thontl.nd dollars $5eJ fSSJKHW or by imprisonment for a term not to exceed fifteen (15) days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate awl additional offense 6. .;...I.-..b.~.,. B. :tl~tJ.';"6:~ lIi;" ....l...plo :d.all b(.. c.:),.J.hl:.~d.....~ d~y.:.;'.& H.... tv.......i UU} ~t:I...... ...4dub1.... ............d} J<:k.41.t to a .jolatj61l of th.i~ clIA~k.. R. In addition to the criminal viola- tion. the Town Attorney is authorized to BunDe anv and all actions in law or eqllity. indlldinr but not limited to ac_ tions for comBensatO" damateli. civil nena.ties. or 1..lunctive relief. c. Strict I iahility. Personal knowledee of the existence of a violation nndpt" this chaBter is not reouired. no mens rea I.DtenO is re- qpired and anv violation mlll1!'ed here_ in shall 1M! .one of mict liabil~. DL 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 law as a whole or any part thereof other than the part so decided to be unconstitu- tional or invalid. IY. EFFECTIVE DATE This Local Law shall take effect im- mediately upon filing with the Secretary of State as provided by law. Dated: November 21,2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 8133-lT 12n . . COUNTY OF SUFFOLK RECEIVeD "'~ ~t .~ OFe 7 STEVE LEVY SUFFOLK COUNTY EXECUTIVE Soull,cid T<.\', 11 Clerk DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING December 4, 2006 Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re: Town of South old, Local Law "Amendments to Penalties on the Southold Town Code" SCPC File No.: SD-06-NJ Dear Ms. Neville: Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Thomas Isles Director of Planning APF:cc LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 . (631) 853-5190 TELECOPIER 631) 853-4044 . LEGAL NOTICE . NOTICE OF ENACTMENT ~ NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 17th day of October 2006, a Local Law entitled," A Local Law in relation to Amendments to Penalties in the Southold Town Code" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southo1d held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard. NOTICE IS FURTHER GIVEN THAT the Town Board enacted the proposed Local Law entitled, "A Local Law in relation to Amendments to Penalties in the Southold Town Code" which reads as follows: LOCAL LAW NO. 15 OF 2006 A Local Law entitled, "A Local Law in relation to Amendments to Penalties in the Southold Town Code". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE The Town Board has reviewed the penalties associated with violations of the Southold Town Code and determined that insofar as the amounts of the fines have not been updated in at least ten years, they do not reflect a fair and appropriate assessment against those convicted of offenses and crimes under the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un-permitted and/or illegal activity and as a punitive response where warranted. II. CHAPTERS 144, 135,233,264,228 and 100 are hereby amended as follows: Fire Prevention and Building Construction S 144-20 Compliance required; penalties for offenses. A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use or occupy or maintain any building or structure or portion thereof in violation of any provisions of this chapter, or to fail in any manner to comply with a notice, directive, or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. B. For each offense against any provisions of the Uniform Code, Enerl!V Code, or of this chapter, or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Building Inspector 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 r offense or who s. fail to comply with a written order o~tice of any Building Inspector shall, upon a first conviction thereof, be guilty of a violation punishable by a fine not ellceeding fiye !mndres to exceed five thousand dollars ($~.) ($5.000.)or imprisonment for a period not to exceed fifteen (15) days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eighteen (18) thirty-six (36) months thereafter, such person shall be guilty of a violation punishable by a fine not s)(csesiag ene theuaans five Imnsres to exceed ten thousand dollars ($ljOO.) ($10.000) or imprisonment for a period not to exceed fifteen (IS) days, or both such fine and imprisonment. Farm Stands 9135-6. Penalties for offenses. Any violation of this chapter shall be grounds for revocation of the farm stand permit. Furthermore, any violator of this chapter shall, upon conviction, be guilty of II vielatien an offense punishable by a fine not ellceesiag to exceed one thousand dollars ($1.000.) $500. or imprisonment for a period not to exceed fifteen IS days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eil!:hteen 18 months thereafter, such person shall be guilty of a vielatien an offense punishable by a fine not cxceesiag $1 ,jOO to exceed five thousand dollars($5.000.) or imprisonment for a period not to exceed fifteen IS days or both such fine and imprisonment. Solid Waste 9233-6. Penalties for offenses. A. Illegal dumping. Any person committing an offense of illegal dumping under this chapter shall, upon conviction thereof, be guilty of a violation punishable as follows: (I) For a first offense: (a) A fine not less than $1,000. and not more than $~ $5.000.; (b) Imprisonment for a term not elle88sing to exceed 15 -W-days.; or (c) Community service offortv (40) hours, to be performed within ~ days of the sate sf seateneing the Town of Southold. (2) For a second offense: (a) A fine of not less than $~$5.000. and not more than $~$10.000.; (b) Imprisonment for a term not excessing to exceed thirty 30 days; or (c) Community service of one hundred twenty (120) hours, to be performed within 90 says efthe sate of s8atsaciag the Town of Southold. Vehicles, Motor-Driven 9264-20 Penalties for offenses; restitution. A. Any person, firm or corporation violating or permitting the violation of any provisio~of this chapter shall be guilty of a violation and shall be subject to a fine of not less than $50. nor more than $~$500. or to imprisonment of not mors than not to exceed fifteen (IS) days, or both such fine and imprisonment. Bash say's contiRllss yielation shall constitute a ssparate offense. In the sase of a sesens er sooselj\lent , violatiea, the eo' may erder eoafiseal;iea ef said '<,OOids. eoaveyaaes ia lieu of any fias and/or iffijlrisonmeffi. Anv second or subsequent conviction of such person. firm or corporation shall be subiect to a fme not less than two hundred fotv ($250.) dollars nor more than seven hundred fiftv($750.) dollars and the vehicle or convevance shall be subiect to confiscation pursuant to !l264-19. Any vehicle or conveyance which is confiscated pursuant to this section and stored bv the Town in excess of thirty (30) davs mav. upon conviction under this chapter, wHl-be sold at public auction according to the appropriate procedures and laws affecting public auctions by municipalities. Soil Removal ~228-13 Penalties for offenses. Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not sJleeediag ~we IllHldred fifty to exceed two thousand five hundred dollars (~) ($2.500.) or by imprisonment for a term not tmeeediag to exceed fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is committed, a separate and distiaet additional offense hereunder. Buildings, Unsafe ~ 1 00-1 0 Penalties for offenses. A. Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of an offense a violation punishable by a fine not to exceed two mmdrea Fiitey five thousand dollars ($~($5.000.) or by imprisonment for a term not to exceed fifteen (15) days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense or 'liolatioa. B. Nothing ia this ehllflter shall be eoastrae6 as 6Bflriviag the towa of my other available rSHIedy relevaffi te a violatioa of this ehllflter. B. In addition to the criminal violation. the Town Attornev is authorized to pursue anv and all actions in law or equity. incIudinl! but not limited to actions for compensatory damaees, civil penalties. or iniunctive relief. C. Strict Liabilitv. Personal knowledee of the existence of a violation under this chapter is not required. no mens rea (intent) is required. and anv violation chareed herein shall be one of strict Iiabilitv. III. 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 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 filing with the Secretary of State as provided by law. Dated: Novemb~l, 2006 BY ORDER OF T~OWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk . PLEASE PUBLISH ON DECEMBER 7, 2006, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICA nON TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Planning Board Town Clerk Bulletin Board Town Board Members Building Department Town Attorney Zoning Board of Appeals . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the I day of ~ ~ 0 .......)u ~ , 2006, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Enactment of Local Law #15 of2006 izabeth A. Nevill outhold Town Clerk Sworn before me this ----L- day of """D--u'D ~A. l~, 2006. ~\~IJ1. hi ~O otary Pubhc LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 B06020932 Qualified in Suffolk County Term Expires March 8, 20 a;z. . Town of Southold - Letter . LL Board Meeting of November 21, 2006 RESOLUTION 2006-906 ADOPTED Item # 21 DOC ID: 2314 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-906 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 21, 2006: RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in relation to Amendments to Penalties in the Sonthold Town Code" is classified as a Tvpe II Action pursuant to SEORA Rules and Rel!ulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. ~"4~~~lJ.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: William P. Edwards, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated November 28,2006 Page 31 .COUNTY OF SUFFOLK- T!3 /TIJ ~~ W STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING November 3, 2006 RECEW;:O Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 NOV 8 2C~J SOlltliuid T(,~:n tlellt Re: Amendment to Town Code, "A Local Law in relation to Amendments to Penalties in the Southold Town Code" SCPC File No.: SD-06-NJ Dear Ms. Neville: Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, ------~-~ -" _/ .,- APF:cc LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE. NY 11788-0099 . (6311 853-5190 TELECOPIER 6311 853-4044 , . Town of South old - Letter . LL-- Board Meeting of October 17, 2006 RESOLUTION 2006-832 ADOPTED Item # 26 DOC ID: 2238 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-832 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 17, 2006: WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 17th day of October 2006, a Local Law entitled," A Local Law in relation to Amendments to Penalties in the South old Town Code" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 21st day of November, 2006 at 5:05p.m., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Penalties in the Southold Town Code" reads as follows: LOCAL LAW NO. 2006 A Local Lawentitled, "A Local Law in relation to Amendments to Penalties in the South old Town Code". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE The Town Board has reviewed the penalties associated with violations of the Southold Town Code and determined that insofar as the amounts of the fines have not been updated in at least ten years, they do not reflect a fair and appropriate assessment against those convicted of offenses and crimes under the Town Code. Therefore, the Town Board believes it necessary to Generated October 19, 2006 Page 31 , Town of South old - Lett. Bo~eeting of October 17, 2006 , increase the amounts ofthe fines to discourage potential violators from un-permitted and/or illegal activity and as a punitive response where warranted. II. CHAPTERS 144, 135,233,264,228 and 100 are hereby amended as follows: Fire Prevention and Building Construction S 144-20 Compliance required; penalties for offenses. A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use or occupy or maintain any building or structure or portion thereof in violation of any provisions of this chapter, or to fail in any manner to comply with a notice, directive, or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. &. For each offense against any provisions of the Uniform Code, Enerl!V Code, or of this chapter, or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Building Inspector 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 who shall fail to comply with a written order or notice of any Building Inspector shall, upon a first conviction thereof, be guilty of a violation punishable by a fine not cllceeding five hundred to exceed five thousand dollars ($WO.) ($5,OOO.)or imprisonment for a period not to exceed fifteen (15) days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eighteen (18) thirty-six (36) months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding one thollsand five hundred to exceed ten thousand dollars ($1500.) ($10,000) or imprisonment for a period not to exceed fifteen (IS) days, or both such fine and imprisonment. Farm Stands S 135-6. Penalties for offenses. Any violation of this chapter shall be grounds for revocation of the farm stand permit. Furthermore, any violator of this chapter shall, upon conviction, be guilty of a violation an Generated October 19, 2006 Page 32 . Town of South old - Letter . Board Meeting of October 17,2006 offense punishable by a fine not exceediag to exceed one thousand dollars ($1.000.) $500. or imprisonment for a period not to exceed fifteen IS days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eiehteen 18 months thereafter, such person shall be guilty of a vielatiea !!!! offease punishable by a fine not el16eediag $1,500 to exceed five thousand dollars($5.000.) or imprisonment for a period not to exceed fifteen 15 days or both such fine and imprisonment. Solid Waste g233-6. Penalties for offenses. A. Illegal dumping. Any person committing an offense of illegal dumping under this chapter shall, upon conviction thereof, be guilty of a violation punishable as follows: (I) For a first offense: (a) A fine not less than $1,000. and not more than $~ $5.000.; (b) Imprisonment for a term not e)lcooding to exceed 15 -l-()..days.; or (c) Community service offortv (40) hours, to be performed within 30 days of the date of sCFlteFlciag the Town of Southold. (2) For a second offense: (a) A fine of not less than $~$5.000. and not more than $~$10.000.; (b) Imprisonment for a term not exceeding to exceed thirty 30 days; or (c) Community service of one hundred twenty (120) hours, to be performed within 90 days onhe date of seateaciag the Town of Southold. Vehicles, Motor-Driven g264-20 Penalties for offenses; restitution. A. Any person, firm or corporation violating or permitting the violation of any provision of this chapter shall be guilty of a violation and shall be subject to a fine of not less than $50. nor more than $~$500. or to imprisonment of not mere than not to exceed fifteen (IS) days, or both such fine and imprisonment. Eaeh day's coatiffiled violation shall ceastitute a separate offease. In the case of a second or subsequent viola-tioa, the court may order coafiscatioa of said vchide or conveyance in lieu of any fine and/or imprisoFlffiont. Anv second or subsequent conviction of such person. firm or corporation shall be subiect to a fine not less than two hundred fifty ($250.) dollars nor more than seven hundred fiftv($750.) dollars and the vehicle or convevance shall be subiect to confiscation pursuant to &264-19. Any Generated October 19,2006 Page 33 Town of South old - Lett. BoaAeeting of October 17, 2006 vehicle or conveyance which is confiscated pursuant to this section and stored bv the Town in excess of thirty (30) davs mav. upon conviction under this chapter, will-be sold at public auction according to the appropriate procedures and laws affecting public auctions by municipalities. Soil Removal 9228-13 Penalties for offenses. Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not eKseeding h'.'o hundred ~to exceed two thousand five hundred dollars (~) ($2.500.) or by imprisonment for a term not elleeeaing to exceed fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is committed, a separate and distillst additional offense hereunder. Buildings, Unsafe 9100-10 Penalties for offenses. A. Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of an offense a violation punishable by a fine not to exceed twe ffimdred fifty five thousand dollars ($~($5.000.) or by imprisonment for a term not to exceed fifteen (15) days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense or violation. B. Nothing in this chapter shall be eOllstrued as depri'iillg tlle town of any other available remedy rele'iant to a violation of this ehapter. B. In addition to the criminal violation. the Town Attornev is authorized to pursue anv and all actions in law or equity. includinl!: but not limited to actions for compensatory damal!:es. civil penalties. or iniunctive relief. Co Strict Liability. Personal knowledl!:e of the existence of a violation under this chapter is not required. no mens rea (intent) is required. and anv violation charl!:ed herein shall be one of strict liability. Generated October 19, 2006 Page 34 . Town of South old - Letter . Board Meeting of October 17, 2006 III. 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 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 filing with the Secretary of State as provided by law. ~-.fI.fCl.~~'a. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated October 19, 2006 Page 35