§ 86A-13. Penalties for offenses corrective actions.

A. 

Criminal sanctions.

(1) 

Any property owner who violates any provision of this chapter or the conditions imposed by the SMO or his/her designated representative shall, in addition to administrative sanctions, be guilty of a violation punishable by a fine of not less than $1,000 nor more than $3,000 and for a second and each subsequent offense be guilty of a misdemeanor, punishable by a fine of not less than $3,000 nor more than $10,000 or a term of imprisonment of not less than 15 days nor more than six months, or both.

(2) 

Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.

B. 

Any property owner who violates any provision of this chapter or the conditions imposed by the SMO or his/her designated representative may, in lieu of administrative and criminal sanctions, enter into an order of consent with the SMO. Such order may include:

(1) 

Payment to the Joseph P. Macchia Environmental Trust Fund in an amount determined by the SMO or Town Attorney, but not to exceed $20,000; and/or

(2) 

Partaking in an environmental restoration project.

C. 

Equitable relief. The Town of Brookhaven shall have the right to seek equitable relief to restrain any violation or threatened violation of any of the provisions of this chapter.