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HomeMy WebLinkAboutLL 2009 #06DAVID A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT O? STATE ONE COMMERCE PLAZA 99WASHINGTOr~ AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORT~S-VAZQUEZ SECRETARY OF STATE June 18, 2009 Lynda M Rudder DePuty Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RECEIVED .JUN 2 4 ~ Southold Town Clerk RE: Town of Southold, Local Law No. 6, 7 & 8, 2009, filed on June 15, 2009 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our w'e'bsite, www.dos.st~te.ny.us/corp/misc.html. . ~ Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WVWV.DOS.STATE.NY.US E-MA~.: INFO, DOS.STATE.NY.US SOUTHOLD TOWN BOARD PUBLIC HEARING June 2, 2009 4:35 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Town Attorney Martin Finnegan Town Clerk Elizabeth Neville This hearing was opened at 5:12 PM COUNCILMAN WICKHAM: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21st day of April 2009, 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 heating on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, Now Therefore Be It RESOLVED that the Town Board of the Town of Southold 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. of 2009 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 Zoning Chapter of the Town Code and determined that insofar as the fines have not been updated in many years, do not reflect a fair and appropriate assessment against those in violation of this chapter, and are not consistent with the penalty schedules in other chapters in the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from unpermitted and/or illegal activity and assert punitive remedy where warranted. Penalties Public Hearing 2 June 2, 2009 II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-33. Penalties for offenses. Any violation of any provision of this article shall be punishable in the following manner: A. First offense: by a fine of not less than $1,000 nor more than $5,000. Second offense and for any offense thereafter: by a fine of not less than $5,000 and not more than $10,000 for each offense. Any offense under this article may be punishable by revocation of an existing certificate of occupancy. Any individual who has violated covenants and resolutions imposed pursuant to this article shall be prohibited from further participation in ownership opportunities and benefits within an approved AHD District. §280-155. Penalties for offenses. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for 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 :;'hz any person, including an owner, contractor, agent or other person who :ha!! fails to comply with a written order or notice of any Building Inspector, Zoning Ordinance Inspector, or Code Enforcement Officer shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine of not exceeding $500 $5000 or by imprisonment for a period not to exceed 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 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $!,500 $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. 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. Penalties Public Hearing 3 June 2, 2009 I have a note from the Suffolk County Planning Commision, 'Pursuant to the requirements of Section A-141423 of the Suffolk County administrative code, this application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant countywide impact.' I have a note that it has appeared on the Town Clerk's bulletin board outside and a classified Suffolk Times newspaper on the 30th of April. And those are the only notes in the file. COUNCILMAN ORLANDO: Did we bump that one enough, Melanie? MELANIE NORDEN: Absolutely. I would like to applaud all of you. I think is excellent and it is long overdue and you know, this is one of my bandwagon issues, I don't know that it is still going to make a difference to the offenders of the town code. But maybe some people might think twice. I do applaud you, I think I want to see how this plays out and we will if this gets any traction but it is long overdue and I think it will really add a little zest to Damon's day and a few other people, too. JAMES SPANOS: I would like to speak on this subject, please. I think that is a very unfair, unjust way to handle things on, to fine individuals that have some violations that have been in the area for years that have hardships like my family, that have been ridiculed and harassed by the Town directly and I feel that it is very unjust, it is a way that the Town can strong ann properties and drive people away from here and it is unfair, there is a lot of people in the Town that favor some people that are violating codes and from attorneys, from ex-mayors, to people that have friends out in East Marion and it is unfair, it is unjust and it is harassment. It is harassment and it is also, I am sorry, I am a little nervous, but it is a way to sort of get rid of the townies, the people that have been in the area for many years and bring in the new wave of let's say aristocracies that are trying to take over people's properties. COUNCILMAN WICKHAM: I would like to respond to that. When we first took this up, I shared and, I still share some of your concerns and I think that there are, there is a real danger of the town's code being used to harass people. And I think it has happened and I think we have to be very conscious of that. At the same time, there are a handful of people in the town that just continually are difficult and are conducting activities that really aren't legal. This law would, would give our justice court the privilege or I should say the opportunity to make a highe, r fine than they have been allowed to do before. But it doesn't mean that they have to charge it. It lifts the ceiling that they can assign a fine to but they don't have to do it. The justices still will establish the fines that they judge appropriate when they hear a case. It is really designed for the repeat offenders who are, who we didn't feel the town's code, it was frankly cheaper for them to pay the fine and carry on with their illegal behavior time after time. That is what this was designed for. I am very sensitive for your comments. I actually agreed with you but I think in this case, it is an appropriate step. MR. SPANOS: Fair enough. And we will leave it at that. Hopefully in the future we can all work together to better the area. SUPERVISOR RUSSELL: As an issue of clarification, there are two components to the town code. One is the building code, we actually raised those fines substantially a few years ago. The other side is the use, the zoning code. The uses are generally where we have the biggest problems in terms of Penalties Public Hearing June 2, 2009 4 code compliance. The problem is you can adjudicate cases which take forever and find out at the end of the day, the fine was $250, where sgmeone is operating, you know, an illegal business on residential property. That is the cost of doing business and he gets to do the cycle all over again. There was no impediment, there was no consequence to the old fine schedule which is why we bumped those fines up. To give the judges the opportunity to levy higher fines for repeat offenders. Would anybody else like to address the Town Board on this particular public law? (No response) This hearing was closed at 5:20 PM Southold Town Clerk r.e ® USAirbill 8619 6235 7493 Express AccourR Number I0~7-7027-8 SendeYs EL I Z AB ETH NEV ! LLE Name Phone (631 ) 765-1B00 TOWN OF SOUTHOLD 530r~5 ROUTE 25 Address SOUTHOLD NY 1 lC271-464~ City State ZIP 3 To Recipiem'SName L~ L{~--~ Phone 4a ExpmssPackageSewice ~ FedEx Phord? Overnight FedEx Standard Ovemight FedEx 2Day n FedEx Express Saver 4b Express r-might ~e~ice FedExlDa Frei bt* FedExZDayFrei rd 5 Packaging ndEx [] FedEx Fek* [] FedEx [] FedEx [] Othe, 6 Special Handling incl.de FedEx .ddr~ in Section 3. SAIUROAY Deli~my HOLD I~ekday HOLD _ .Samm~ ~-~o ~ Yes [] Yes D~/Ice · [] Cash/Check 0359685758 8 Residential Delivery Signature Options No Signature Direct Signature Indirect Si nature ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF V~TAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 12, 2009 Federal Express Linda Lasch New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 6, 7, 8 of 2009 Town of Southold, Suffolk County Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 6, 7, 8 of 2009 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Enclosures cc: Town Attorney Lynda M Rudder Southold Deputy Town Clerk Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY1 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. CJ County n City [] Town of r~ Village SOUTHOLD Local Law No. 6 of the year 2009. A Local Law entitled, A Local Law in relation to Amendments to Penalties in the Southold Town Code. Be it enacted the Town Board of the: [3 County n City [] Town of Cl Village SOUTHOLD II. Purpose - The Town Board has reviewed the penalties associated with violations of the Zoning Chapter of the Town Code and determined that insofar as the fines have not been updated in many years, do not reflect a fair and appropriate assessment against those in violation of this chapter, and are not consistent with the penalty schedules in other chapters in 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 assert punitive remedy where warranted. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-33. Penalties for offenses. Any violation of any provision of this article shall be punishable in the following manner: A. First offense: by a fine of not less than $1,000 nor more than $5,000. Second offense and for any offense thereafter: by a fine of not less than $5,000 and not more than $10,000 for each offense. Any offense under this article may be punishable by revocation of an existing certificate of occupancy. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS~239(Rev.05/05) Any individual who has violated covenants and resolutions imposed pursuant to this article shall be prohibited from further participation in ownership opportunities and benefits within an approved AHD District. {}280-155. Penalties for offenses. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for 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 any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector, Zoning Ordinance Inspector, or Code Enforcement Officer shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine of not exceeding $5000 or by imprisonment for a period not to exceed 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 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. 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 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. 2 (Complete the certification in the paragraph that applies to the filing of this local law and strike out 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. 6 of 20 09 . of the (*C~nm~O(*Gi~(Town) (\!:.'2:.~,z) of SOUTHOLD was duly passed by the TOWN BOARD on June 2 ,20 09 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage 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)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(re-passed 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 ora (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 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. 3 5. (City local law concerning Charter revision proposed by petition.) 1 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 ora 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.) 1 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 ihe 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.) 1 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 there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. (Seal) Clerk of th~JL'ounty legislative body. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: June 8~ 2009 (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 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. ~~ttorney Jennifer Andaloro~ Esq., Assistant Town Attorney Title Town of SOUTHOLD Date: June 8~ 2009 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER To~r~ Hall, 53095 Main Road P.O. Box 1179 ~ S~q~hold, New York 11971 ~Tax (631) 765-6145 Telephone (631) 765-1800 south~ldtowp~northfork.net £,.CEIV~D OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 22, 2009 ' '~, ]8 2009 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on June 2, 2009: 4:35 PM - A Local Law in Relation to Amendments to Penalties in the Southold Town .Code Please sign the duplicate of this letter and return to me at your earliest convenience in the self- addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Email: Southold Town Planning Board Southold Town Assessors ~thold~Town Building Department Please print name Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 22, 2009 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on June 2, 2009: 4:35 PM - A Local Law in Relation to Amendments to Penalties in the Southold Town Code Please sign the duplicate of this letter and return to me at your earliest convenience in the self- addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Long island State Park Commission Town of Shelter Island Town of Southampton Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department S i g n h'i'u rj~ e ~..e ~ e_~y P Southold Town Trustees Southold Town Board of Appeals Date: ~///f~t~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVII,I,E, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 22, 2009 PLEASE TAKE NOTICE that the Town Board of the Town of'Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on June 2, 2009: 4:35 PM - A Local Law in Relation to Amendments to Penalties in the Southold Town Code Please sign the duplicate of this letter and return to me at your earliest convenience in the self- addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Elizabeth A, Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department ~igl~ature~ ReceiCc~d ~y / Pl~s~ priht naacp DUPLICATE TO BE SIGNED AND RETURNED ~'O SOUTHOLD TOWN CLERK Southold Town Trustees Southold Town Board of Appeals R~C~IVED r'~ ? 7 ?00g ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 22, 2009 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on June 2, 2009: 4:35 PM - A Local Law in Relation to Amendments to Penalties in the Southold Town Code Please sign the duplicate of this letter and return to me at your earliest convenience in the self- addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Si~ature, Received By Please print'flame -- Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK L RECEIVED ? '~ 2009 Sot q~' J v . ELIZABETH A. NEVILLE, Il_MC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS M2kNAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF TIlE TOWN CLERK TOWN OF SOUTHOLD April 22, 2009 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on June 2, 2009: 4:35 PM - A Local Law in Relation to Amendments to Penalties in the Southold Town .Code Please sign the duplicate of this letter and return to me at your earliest convenience in the self- addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Please print n~ Southold Town Trustees Southold Town Board of Appeals Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVED "~'~' 2 7 2009 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 22, 2009 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on June 2, 2009: 4:35 PM - A Local Law in Relation to Amendments to Penalties in thc Southold Town Code Please sign the duplicate of this letter and return to me at your earliest convenience in the self- addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Email: Southold Town Planning Board Southold Town Assessors Sout~91d Wow¢ Building Department Signat~.~e, Received By Please print name Southold Town Trustees Southold Town Board of Appeals Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIV:D ,- 2 4 2009 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 22, 2009 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on June 2, 2009: 4:35 PM - A Local Law in Relation to Amendments to Penalties in the Southold Town Code Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board ~'~ff0ct Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton tr,,_/e/~t" Southold Town Trustees Southold Town Board of Appeals Signature, Received By }>lease print name Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RESOLUTION 2009-513 ADOPTED DOC ID: 5060 THIS IS TO CERTIFY THAT THE I~OLLOWING RESOLUTION NO. 2009-513 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 2, 2009: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21 st day of April 2009. 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 theTown Board of the Town of Southold 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. 6 of 2009 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 Zoning Chapter of the Town Code and determined that insofar as the fines have not been updated in many years, do not reflect a fair and appropriate assessment against those in violation of this chapter, and are not consistent with the penalty schedules in other chapters in 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 assert punitive remedy where warranted. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-33. Penalties for offenses. Any violation of any provision of this article shall be punishable in the following Resolution 2009-513 Board Meeting of June 2, 2009 manner: B. C. D. First offense: by a fine of not less than $1,000 nor more than $5,000. Second offense and for any offense thereafter: by a fine of not less than $5,000 and not more than $10,000 for each offense. Any offense under this article may be punishable by revocation of an existing certificate of occupancy. Any individual who has violated covenants and resolutions imposed pursuant to this article shall be prohibited from further participation in ownership opportunities and benefits within an approved AHD District. §280-155. Penalties for offenses. For each offense against any of the provisions of this chapte, r or any regulations made pursuant thereto or for 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 w~c, any person, including an owner, contractor, agent or other person who ska!! fails to comply with a written order or notice of any Building Inspector, Zoning Ordinance Inspector, or Code Enforcement Officer shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine of not exceeding $500 $5000 or by imprisonment for a period not to exceed 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 18 months thereat~er, such person shall be guilty of a violation punishable by a fine not exceeding $!,500 $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] ' MOVER: Albert Krupski Jr., Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 6/8/2009 10:25 AM by Lynda Rudder Page 2 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING May14,2009 RECEIVED Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Applicant: Zoning Action: Public Heating Date: S.C.P.D. File No.: Town of Southold Amendment: 280-33 "Penalities for Offenses" June 2, 2009 SD-09-LD : 2 7 2009 So~.,,~,h~ Town ~,., Dear Ms. Neville: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. APF:ds Very truly yours, Thomas A. Isles, AICP Director of Planning Chief Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 #9262 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 30th dayof April, 2009. Principal Clerk Sworn to before me this / day of LEGAL NOTICE -- NOTICE OF PUBLIC HEARING NOTICE 18 HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21st day of Aprl12009, a Loca[ Law entitled ~'A Local l~win elrgJ~MJg~3o Amendments to Penalties i~n the Southold ~LC0de_ ,, and NOTICE IS HEREBY FURTHER Gl_YEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town l~lall, 53095 Main Road, Southold, New York, on the 2nd day of June 2009 al 4'.35 p.m. at which time all interested persons yvill be given an opportunity to be heard. · he proposed local law emit]ed t~A suant to this article shall be prohibited from further p~rticipation in ownership opportunities and benefits within an ap- proved AHD District. §280-L~. Penalties for offense~ For each offense against any of the provisions of this chapter or any regula .tions made pursuant thereto or for fail- ure to comply with a written notice or order of any Building Inspector w th n 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 fails to comply with a written order or notice of any Building Inspector, Zonina ~L~Lnance thsvector, or Code ~nforc~ Ig~qt Office[ ~hall, upon a first con-v~c- tion thereoL be guilty of a violation, pun- . ics~a,,bde by a .tine pt not exceeding ,av~ or by imprisonment for a period .not to exce,~l 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 I8 months thereafter, such person shall be guilty of a violation punishable by a tine not exceeding $I,5~, $10,000 or by imprisonment for a period not to exceed i5 days, or by both such fine and imprisonment. If any clau~e sentence, paragraph, sect on, 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 ststent with the penalty schedules in otb- a whole or any part thereof other than er chapters in the Town Code. Therefore, the part so decided to be uneonstitution- the Town Board believes it necessary to al or invalid. increase the amounts of the fines to dis- IV. EFFECTIVE DATE courage potential violators from unper mitt6d and/or illegal actlv l~'and assert pun t ye remedy where warranted. Il. Chapter ~80 of the Code of the ' Town of Southold is hereby amended as follows: § 280.33. Penalties for offenses. Any violation of any provision o~ this ~rticle shall be punishable n the follow A. First offense: by a fine of not less than $1,000 nor more than $5,000. B. Second offense and for any offense thereafter: by a fine of not less than $5,000 and not more than $10,000 for each offense. C. Any offense under this article may be punishable by revocation of an exist- ing certificate of occupancy. D. Any individuaI who has violated covenants and resolutions imposed pur- This Local Law shall take effect im- mediately upon filing with the Secretary of State as provided by law. Dated: Apr//21; 2009 BY ORDER OF. THE TOWN ]~OARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 9262-1T 400 NOTARY pUBUC-STATE OF NEW YORK No. Ol-VO6105050 Qualified ~n Suffolk County LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21st day of April 2009, 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 2nd day of June, 2009 at 4:35 p.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. 2009 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 Zoning Chapter of the Town Code and determined that insofar as the fines have not been updated in many years, do not reflect a fair and appropriate assessment against those in violation of this chapter, and are not consistent with the penalty schedules in other chapters in the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from unpermitted and/or illegal activity and assert punitive remedy where warranted. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-33. Penalties for offenses. Any violation of any provision of this article shall be punishable in the following manner: A. First offense: by a fine of not less than $1,000 nor more than $5,000. Second offense and for any offense thereafter: by a fine of not less than $ 5,000 and not more than $10,000 for each offense. Any offense under this article may be punishable by revocation of an existing certificate of occupancy. Any individual who has violated covenants and resolutions imposed pursuant to this article shall be prohibited from further participation in ownership opportunities and benefits within an approved AHD District. §280-155. Penalties for offenses. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for 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 w~c~ any person, including an owner, contractor, agent or other person who s~a!! fails to comply with a written order or notice of any Building Inspector, Zoning Ordinance Inspector, or Code Enforcement Officer shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine of not exceeding $599 $5000 or by imprisonment for a period not to exceed 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 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $!,599 $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. 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 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: April 21, 2009 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON April 30, 2009, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times TC's Bulletin Board Planning Dept. Town Board Members Building Department Town Attorney ZBA 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 ~ day of ~ ,2009, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Penalties Swom before me this f ' _ df, gu ~L day o _(j_32zr~, 2009. Public LIND~, J CO~: 'tOTARY PUBLIC. Stztte of Hew Yo'.; NO. 0~CO4822563. Sui[olk Count~ Term Expires December 31, Elizabeth A. Neville Southold Town Clerk RESOLUTION 2009-344 ADOPTED DOC ID: 4962 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-344 W/~S ADOPTED AT ]'HE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 21, 2009: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21st day of April, 2009, a Local Law entitled "A Local Law in relation to Amendments to Penalties in the Southold 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 2na day of June, 2009 at 4:35 p.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. 2009 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: Purpose - The Town Board has reviewed the penalties associated with violations of the Zoning Chapter of the Town Code and determined that insofar as the fines have not been updated in many years, do not reflect a fair and appropriate assessment against those in violation of this chapter, and are not consistent with the penalty schedules in other chapters in the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from tm-permitted and/or illegal activity and assert punitive remedy where warranted. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-33. Penalties for offenses. Resolution 2009-344 Board Meeting of April 21, 2009 Any violation of any provision of this article shall be punishable in the following manner: A. First offense: by a fine of not less than $1,000 nor more than $5,000. Second offense and for any offense thereafter: by a fine of not less than $5,000 and not more than $10,000 for each offense. Any offense under this article may be punishable by revocation of an 9xisting certificate of occupancy. Any individual who has violated covenants and resolutions imposed pursuant to this article shal! be prohibited from further participation in ownership opportunities and benefits within an approved AHD District. §280-155. Penalties for offenses. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order afany 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 ;;~c, any person, including an owner, contractor, agent or other person who shall fails to comply with a written order or notice of any Building Inspector, Zoning Ordinance Inspector, or Code Enfomement Officer shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine of not exceeding $599 $5000 or by ~mprisonment for a period not to exceed 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 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $ ! ,509 $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. 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. RESULT: EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk ADOPTED [UNANIMOUS] Updated: 4/24/2009 9:48 AM by Lynda Rudder Page 2 Resolution 2009-344 Board Meeting of April 21, 2009 MOVER: Thomas H. Wickham, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 4/24/2009 9:48 AM by Lynda Rudder Page 3