§ 85-641. Violations; historic districts, historic district transitional area, historic landmarks.

A. 

Any owner, person or entity who or which demolishes, alters, constructs or permits a property within a designated historic district, historic district transitional area or a 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 Commissioner, shall be required to restore the property and the site to its appearance before the violation, in full compliance with this chapter, 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.

B. 

Any owner, person or entity who or which partially or totally demolishes a property within a designated historic district, historic district transitional area or 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. Said civil fine shall be imposed by the Town Board after a public hearing providing for prior notice to the property owner listed on the most recent Town assessment roll, and an opportunity to be heard at the public hearing. In determining an appropriate civil fine, the Town Board may consider evidence of the willfulness of the offense; the extent of the demolition and its aesthetic effect; the overall effect on the surrounding community; the administrative costs avoided by the violation and the profit realized as a result of the violation. The Town Board's determination may then be judicially reviewed in a proceeding brought pursuant to Article 78 of the New York State Civil Practice Law and Rules, provided it is commenced within the governing statute of limitations. The Town Attorney may file and record a lis pendens for the civil fine during the pendency of any litigation. Upon expiration of the time within which to seek judicial review, or upon completion of the litigation, the civil fine imposed by the Town Board shall be assessed against the land on which the building or structure is or was located. The amount of such civil fine shall be reported to the Assessor of the Town as an amount to be levied and assessed against said premises to be included in the next succeeding assessment roll of the Town of Brookhaven to be thereafter prepared.