§ 85-158. Penalties for offenses.

A. 

Any person or corporation who or which shall violate any of the provisions of this chapter, except as otherwise provided herein, or any covenant or condition imposed by the Town Board, the Zoning Board of Appeals, or the Planning Board, as a condition of any change of zone, permit, special permit, grant, subdivision approval, or site plan approval, shall be guilty of a violation of such ordinance, which shall be punishable for a first offense by a fine not exceeding $1,000 or imprisonment not to exceed 15 days, or both; for a second offense within a five-year period, by a fine not less than $500 and not exceeding $2,000 or imprisonment for a period not to exceed 15 days, or both; and for a third or subsequent offense within a five-year period, by a fine of not less than $1,000 and not exceeding $2,500 and imprisonment for a period not exceeding six months. Each week's continued violation shall constitute a separate additional violation.

B. 

The owner or owners of any building or premises or part thereof, or any person in possession thereof where any violation of this chapter has been committed or shall exist, and any architect, builder, contractor, agent, person or corporation who or which knowingly commits, takes part or assists in any such violation, or who maintains any building, structure or premises in which any such violation exists, shall be guilty of a violation of such ordinance, which shall be punishable for a first offense by a fine not exceeding $1,000 or imprisonment not to exceed 15 days, or both; for a second offense within a five-year period, by a fine not less than $500 and not exceeding $2,000 or imprisonment for a period not to exceed 15 days, or both; and for a third or subsequent offense within a five-year period, by a fine of not less than $1,000 and not exceeding $2,500 and imprisonment for a period not exceeding six months. Each week's continued violation shall constitute a separate additional violation.

C. 

Any person violating any provisions of §§ 85-633 through 85-641, HD Historic District, or any permit, approval, covenant or restriction, or any condition imposed by the Town Board, Zoning Board of Appeals or Planning Board, applicable to any property within a designated historic district or designated historic landmark, shall be punished as follows: upon a first conviction, by a fine not exceeding $1,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment; upon a second or subsequent conviction, by a minimum fine of $2,000 or by imprisonment for not less than 15 days nor more than six months, or by both such fine and imprisonment. For purposes of this subsection, a second violation shall be prosecuted as a misdemeanor. Each week's continued violation shall constitute a separate additional violation.

[Amended 6-26-2018 by L.L. No. 14-2018, effective 7-9-2018]

D. 

Historic district; historic landmarks.

(1) 

Any owner, person or entity who or which demolishes, alters, constructs or permits a property within a designated historic district or designated historic landmark to fall into a state of disrepair or otherwise in violation of this chapter, or causes, allows or permits a violation of any permit, approval, covenant or restriction, or any condition imposed by the Town Board, the Zoning Board of Appeals or the Planning Board, shall be required to restore the property and the site to its appearance before the violation, in full compliance with § 85-633 through § 85-641, and in full compliance with any permit, approval, covenant or restriction and any condition imposed in said grant/permit. Any action to enforce this provision shall be in addition to and not in lieu of criminal penalties and other available remedies.

(2) 

Notwithstanding the provisions contained in this article, any owner, person or entity who or which partially or totally demolishes a property within a designated historic district or a designated historic landmark, without obtaining the required permit, approval or authorization, shall also be subject to a civil fine of up to the market value of the property, either before or after the violation, whichever is greater, as more fully set forth in § 85-641B of the Code of the Town of Brookhaven.

E. 

Any person violating any provisions of § 85-12, § 85-15, § 85-113, § 85-190 through § 85-246, § 85-258, § 85-855 or § 85-891 shall be punished as follows: upon a first conviction, by a fine of $500 to $4,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment; upon a second or subsequent conviction, by a fine of $1,000 to $6,000 or by a maximum period of imprisonment not to exceed six months, or by both such fine and imprisonment. For purposes of this subsection, a second violation or subsequent offense shall be prosecuted as an unclassified misdemeanor. Each week's continued violation shall constitute a separate additional violation.

F. 

Exterior lighting.

(1) 

Residential exterior lighting. Violation of any of the provisions of this chapter by any person, firm, owner, tenant, person in possession, partnership, corporation or other business entity related to residential exterior lighting shall be guilty of a violation, punishable by a fine not exceeding $250 or imprisonment not to exceed 15 days, or both; a person, firm, owner, tenant, person in possession, partnership, corporation or other business entity who or which violates this chapter, after being convicted of a violation of this chapter within the preceding year, shall be guilty of a violation, punishable by a fine not to exceed $500 or imprisonment for a period not to exceed 15 days, or both; a person, firm, owner, tenant, person in possession, partnership, corporation or other business entity who or which violates this article, after being convicted two or more times of a violation of this chapter within the proceeding three-year period, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 and/or imprisonment for a period not to exceed 30 days.

(2) 

Nonresidential exterior lighting. Violation of any of the provisions of this chapter by any person, firm, owner, tenant, person in possession, partnership, corporation or other business entity related to nonresidential exterior lighting shall be guilty of a violation, punishable by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both; a person, firm, owner, tenant, person in possession, partnership, corporation or other business entity who or which violates this chapter, after being convicted of a violation of this chapter within the preceding year, shall be guilty of a violation, punishable by a fine not to exceed $1,000 or imprisonment for a period not to exceed 15 days, or both; a person, firm, owner, tenant, person in possession, partnership, corporation or other business entity who or which violates this chapter, after being convicted two or more times of a violation of this chapter within the proceeding three-year period, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $3,000 and/or imprisonment for a period not to exceed 30 days.

Editor's Note: See §§ 85-862 through 85-873 of this chapter.

G. 

This section is enacted pursuant to Municipal Home Rule Law § 10, Subdivision 1(ii)a(9-a), and § 10, Subdivision 1(ii)d(3), and pursuant to § 10(5) of the Statute of Local Governments, and is intended to supersede Town Law § 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein.