§ 170-10. Enforcement; penalties for offenses.

A. 

Notice of violation. When the SMO determines that a land development activity is not being carried out in accordance with the requirements of this chapter, the SMO may issue a written notice of violation to the landowner, applicant and/or developer. The notice of violation shall contain:

(1) 

The name and address of the landowner, developer and/or applicant;

(2) 

The address, when available, or a description of the building, structure or land upon which the violation is occurring;

(3) 

A statement specifying the nature of the violation;

(4) 

A description of the remedial measures necessary to bring the land development activity into compliance with this chapter and a time schedule for the completion of such remedial action; and

(5) 

A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed.

B. 

Stop-work orders. The SMO may issue a stop-work order for violations of this chapter. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the SMO confirms that the land development activity is in compliance and the violation has been satisfactorily addressed in writing. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.

C. 

Violations. Any land development activity that is commenced or is in violation with this chapter may be restrained by injunction or otherwise abated in a manner provided by law in an action authorized by the Town Board in State Supreme Court. Further, the SMO may issue appearance tickets for violations of this chapter.

D. 

Penalties.

(1) 

In addition to or as an alternative to any penalty provided in this chapter or by law, any person who violates the provisions of this chapter shall be guilty of a violation:

(a) 

Punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense;

(b) 

For conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $1,000 nor more than $5,000 or imprisonment for a period not to exceed six months, or both; and

(c) 

Upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $5,000 nor more than $10,000 or imprisonment for a period not to exceed six months, or both.

(2) 

For the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

E. 

Withholding of certificate of occupancy. If a land development activity is conducted in violation of this chapter, the SMO may prevent the occupancy of said building or land, and the Building Inspector or Code Enforcement Officer may refuse to issue or may condition a certificate of occupancy or certificate of compliance pursuant to Chapter 92 of the Town Code.

F. 

Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid.