§ 86-11. Remedies; penalties.

A. 

Notice of violation. In the event that a land development activity or stormwater management facility is not in compliance with the requirements of this chapter, the Stormwater Management Officer may issue a written notice of violation, to be served personally or by certified mail, to the property owner as shown on the last preceding assessment roll of the Town of Brookhaven and the owner of record as shown in the records in the Office of the Suffolk County Clerk. The notice of violation shall contain the following:

(1) 

The name and address of the property owner and developer or applicant;

(2) 

The property's tax identification (i.e., district, section, lot, block), the address 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 corrective, remedial measures necessary to bring the land development activity and/or stormwater management facility into compliance with this chapter and a time schedule for the completion of such remedial action;

(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;

(6) 

A statement that in the event that the required corrective measures are not completed within the time specified in the notice, the Town may seek a court order to enter the property, and complete the required corrective measures and assess such costs and expenses against the property;

(7) 

A statement that the determination of violation may be appealed to the SMO by filing a written notice of appeal within five business days of service of a notice of violation.

B. 

Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the SMO in writing within five business days of its issuance. The appeal notice shall be directed to the SMO. A hearing officer, as designated by the Director of Environmental Protection and the Town Attorney, shall hear the appeal within 30 days after the filing of the appeal and, within five business days of making his/her decision, issue a decision by certified mail or personal service to the violator and property owner. If the original notice of violation is sustained, the SMO shall issue an order, to be served by certified mail or personal service, which shall state the corrective measures to be taken and required date of completion of the corrective measures. The filing of the appeal shall not stay or prevent the Town from taking all necessary emergency corrective measures.

C. 

Stop-work orders. In addition to any other available remedy at law, 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 for remediation activities that address the violations stated in the stop-work order. The stop-work order shall be in effect until the SMO confirms that the land development activity is in compliance with the provisions of this chapter and the violation has been satisfactorily addressed. Failure to adhere to a stop-work order shall result in the Town taking all necessary action, including seeking civil, criminal, or monetary penalties as authorized under this chapter.

D. 

Withholding of certificate of occupancy. The issuance of a certificate of occupancy may be withheld until compliance with this chapter has been demonstrated to the reasonable satisfaction of the Stormwater Management Officer.

E. 

Injunctive relief. In addition to any other available remedy at law or as provided under this chapter, the Town may institute a suit in equity, injunction relief, to restrain, correct or abate such violations of this chapter.

F. 

Any provision contained in the Town Code to the contrary notwithstanding, the Town Attorney, or his/her designee, in consultation with the Stormwater Management Officer, in addition to or in lieu of seeking criminal penalties or seeking to restrain or enjoin activity in violation of this chapter, may enter into a civil compromise whereby the person who committed such violation agrees to pay to the Town a civil penalty in an agreed amount. The payment of a civil penalty must be made in conjunction with an agreement on consent whereby the violator agrees to take steps to comply with the requirements under this chapter.

G. 

Upon determination that a violation has occurred or is reasonably likely to occur if immediate action is not taken, the Town of Brookhaven may seek a court order permitting the Town of Brookhaven to take any and all corrective measures reasonably necessary to abate the violation and/or prevent the violation from occurring and/or restore the premises, and the cost thereof shall be assessed against the property and lands to be collected in the same manner as real property taxes.

H. 

Application for search warrant. The Commissioner of Planning, Environment and Land Management or the Stormwater Management Officer or his designated representative is authorized to make application to the District Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of the stormwater management facility and practices and where there is reasonable cause to believe that a violation of this chapter has occurred. The applications for a search warrant shall in all respects comply with the applicable laws of the State of New York.

I. 

Penalties for offenses. Any person who shall violate any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $3,000 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of two years, punishable by a fine not less than $3,000 nor more than $8,000 or imprisonment for a period not to exceed six months, or both; and 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 $8,000 nor more than $20,000 or imprisonment for a period not to exceed six months, or both. However, 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 (seven consecutive days from date of incident) continued violation shall constitute a separate additional violation.

J. 

Remedies not exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable statute, law and/or regulation and it is within the discretion of the Town of Brookhaven to seek cumulative remedies.