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HomeMy WebLinkAboutTOR RES 59 M.w rvr`ra,rx,r.r`r;rr'rawcmuairr "Mp Office of the Town Clerk ianeWilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer February 9, 2018 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhelm at wilhelni townofriverheadn . env or by fax at 631-208-4034. Signature: � Date: Town Board Meeting Janh ry 17, 2018 7:00 PM ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on January 17, 2018 Resolution #69-ADOPTS A LOCAL LAW TO AMEND CHAPTER 217 ENTITLED "BUILDINGS, BUILDING CONSTRUCTION AND IMPROVEMENTS AND HOUSING STANDARDS" TO THE RIVERHEAD"TOWN CGDE (§217-104, Penalties for offenses.) Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034 'V [T P.dlPERltgy.AfRAAflAE54uM D DianeOffice of the Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer February 9, 2018 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on January 17, 2018 Resolution #59-ADOPTS A LOCAL LAW TO AMEND CHAPTER 217 ENTITLED "BUILDINGS, BUILDING CONSTRUCTION AND IMPROVEMENTS AND HOUSING STANDARDS" TO THE IVEHEAD TOWN CODE (§217-104. Penalties for offenses.) If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, 4 6 ��.j r74- Diane 4-Diane M. Wilhelm DMW:cd 200 Howell AvenueRiverhead, New York 11901— ( 31)727-3200 Ext. 2 Fax (631)208-4034 1 5' ' TFNOSPFxIiAS PER„pRF55uu t a. Office Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer February 9, 2018 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhelm at wilhel pwnofriverheadn . ov or by fax at 631-208-4034. Signature: Date: Town Board Meeting January 1 , 2018 7:00 P ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on January 17, 2018 Resolution 59-ADOPTS A LOCAL LAW TO AMEND CHAPTER 217 ENTITLED "BUILDINGS, BUILDING CONSTRUCTION AND IMPROVEMENTS AND HOUSING STANDARDS" TO THE IVHEAD TOWN CODE (§217-104. Penalties for offenses.) Sincerely, � ,6 Diane M. Wilhelm Town Clerk DW:c 200 Howell venue - Riverhead, New York 11901- (531)727-3200 Ext. 2 Fax ( 31)208-4034 01.17.2018 ADOPTED 180059 TOWN OF RIVERHEAD Resolution # 59 ADOPTS LOCAL LAW AMENDING CHAPTER 217 ENTITLE " BUILDINGS, BUILDING CONSTRUCTION AND IMPROVEMENTS AND HOUSING STANDARDS" TO THE RIVERHEAD TOWN CODE 0217-104. Penalties for offenses.) Councilman Hubbard offered the following resolution, which was seconded by Councilwoman Kent WHEREAS, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law to amend Chapter 217 entitled "Buildings, Building Construction and Improvements and Housing Standards" of the Riverhead Town Code; and WHEREAS, a public hearing was held on the 5th day of December, 2017 at 2:00 o'clock p.m. at Town Hall, 200 Howell Avenue, Riverhead, New York, the date, time and place specified in said public notice, and all persons wishing to be heard were heard; and WHEREAS, the Town Board has classified the proposed action as a Type II, pursuant to SEQRA, 6NYCRR Part 617.5 ( c ). (20), requiring no further environmental review. NOW THEREFORE BE IT RESOLVED, that a local law amending Chapter 217 entitled, "Buildings, Building Construction and Improvements and Housing Standards" to the Riverhead Town Code is hereby adopted as specified in the attached notice of adoption; and be it further RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached notice of adoption once in the News Review Newspaper and to post same on the signboard at Town Hall; and be it further RESOLVED, all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Kent ®Yes ❑No Hubbard ®Yes ❑ o Giglio ®Yes ❑No Wooten ®Yes ❑No Jens-Smith ®Yes ❑No The Resolution Was ® Thereupon Duly Declared Adopted Y:\2018 RESOLUTIONS\41.17.18\59-TA-ch217.BldgsBldgConstrHousingStandards.ado.doc TOWN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law to amend Chapter 217 entitled "Buildings, Building Construction and Improvements and Housing Standards" to the Riverhead Town Code at its regular meeting held on January 17, 2018. Be it enacted by the Town Board of the Town of Riverhead as follows: Chapter 217 BUILDINGS, BUILDING CONSTRUCTION AND IMPROVEMENTS AND HOUSING STANDARDS Part 5 Housing Standards Article XV Penalties § 217-104 Penalties for offenses. A. Except as provided in § 217-97 for violations of Article XII I of this Part 5, a violation of any provision or requirement of this Part 5 shall be deemed a violation punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. B. Except where a time for compliance may have been set in a notice of violation,each week's violation shall be deemed a separate offense. C. Civil penalties. In addition to the criminal penalties set forth herein, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to actions for compensatory damages; civil penalties; to compel compliance, or to restrain by injunction, violations of this Part 5; and any other remedies which the Town Attorney may deem necessary and proper. (1) Any person found to have violated any of the provisions of this Part 5 shall be subject to a civil penalty. (2) Each day of a continuing violation shall be subject to a separate civil penalty. The civil penalty for a violation of this Part 5 shall be as follows: $350 for the first day of violation or any part thereof; $500 for the second day of violation or any part thereof; and $1,000 for the third day of violation or any part thereof; and for all subsequent days of violation, up to and including the 15th day, said civil penalties for any given fifteen-day period may not exceed $15,000. Civil penalties may be recovered in any action or proceeding brought by the Town Attorney in any court of competent iuriscliction or before a duly appointed hearing officer whenever permitted by law for a violation of this Part 5. (3) Each fifteen-day period shall be the subject of a separate cause of action and shall be subject to additional civil penalties not to exceed $15,000 in Y:\2018 RESOLUMNS\0 I.1 7.1 8\59-TA-ch217.B1dgsBIdgConstrHousingStandards.ado.doc each and every fifteen-day-period. (4) All civil penalties shall be mandatory penalties and must be imposed upon a judgment in favor of the Town. If said penalty is not paid to the Town of Riverhead within 10 days of a judgment, a civil judgment shall be entered against the property, and the owner of the property, and said judgment may be collectible by a tax assessment against the property on which said violation occurred. (5) Any civil penalty imposed shall be in addition to any fine and/or imprisonment imposed as a result of a criminal prosecution provided for in the Riverhead Town Code or any state or local law. There is no requirement of notice prior to the commencement of a civil action. (6) Strict liability. Personal knowledge of the existence of a violation is not required, no mens rea (intent) is required, and any violation charged herein shall be one of strict liability. (7) Continued violation. There shall be a presumption that a violation continues from the day the Town establishes that said violation existed until the violation's existence is rebutted, but in any case no longer than 15 days for each civil action filed. Underscore represents addition(s) Dated: Riverhead, New York January 17, 2018 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE ILHELM, Town Clerk Y:\2018 RESOLUTIONS\01.17.18\59-TA-ch227.BldgsB]dgConstrHousingStandards.ado.doc Town of Riverhead Local Law# 1-2018 Chapter 217 BUILDINGS, BUILDING CONSTRUCTION AND IMPROVEMENTS AND HOUSING STANDARDS Part 5 Housing Standards Article XV Penalties § 217-104 Penalties for offenses. A. Except as provided in § 217-97 for violations of Article XIII of this Part 5, a violation of any provision or requirement of this Part 5 shall be deemed a violation punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. B. Except where a time for compliance may have been set in a notice of violation, each week's violation shall be deemed a separate offense. C. Civil penalties. In addition to the criminal penalties set forth herein, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to, actions for compensatory damages; civil penalties; to compel compliance, or to restrain by injunction, violations of this Part 5; and any other remedies which the Town Attorney may deem necessary and proper. (1) Any person found to have violated any of the provisions of this Part 5 shall be subject to a civil penalty. (2) Each day of a continuing violation shall be subject to a separate civil penalty. The civil penalty for a violation of this Part 5 shall be as follows: $350 for the first day of violation or any part thereof; $500 for the second day of violation or any part thereof; and $1,000 for the third day of violation or any part thereof; and for all subsequent days of violation, up to and including the 15th day, said civil penalties for any given fifteen-day period may not exceed $15,000. Civil penalties may be recovered in any action or proceeding brought by the Town Attorney in any court of competent jurisdiction or before a duly appointed hearing officer whenever permitted by law for a violation of this Part 5. 1 (3) Each fifteen-day period shall be the subject of a separate cause of action and shall be subject to additional civil penalties not to exceed $15,000 in each and every fifteen-day period. (4) All civil penalties shall be mandatory penalties and must be imposed upon a judgment in favor of the Town. If said penalty is not paid to the Town of Riverhead within 10 days of a judgment, a civil judgment shall be entered against the property, and the owner of the property, and said judgment may be collectible by a tax assessment against the property on which said violation occurred. (5) Any civil penalty imposed shall be in addition to any fine and/or imprisonment imposed as a result of a criminal prosecution provided for in the Riverhead Town Code or any state or local law. There is no requirement of notice prior to the commencement of a civil action. (6) Strict liability. Personal knowledge of the existence of a violation is not required, no mens rea (intent) is required, and any violation charged herein shall be one of strict liability, (7) Continued violation. There shall be a presumption that a violation continues from the day the Town establishes that said violation existed until the violation's existence is rebutted, but in any case, no longer than 15 days for each civil action filed.