§ 7A-9. Enforcement; penalties for offenses.

A. 

Notwithstanding any provision of law to the contrary, any covered employer, owners thereof, contractor or subcontractor, as the case may be, who submits a false, fictitious or fraudulent affidavit to the Town or awarding agency, authorized department or authorized person in connection with § 7A-4 and § 7A-8 shall, upon conviction, be guilty of a Class A misdemeanor, punishable by a fine of not less than $250 nor more than $2,000, or up to six months' imprisonment, or both. Each such violation shall constitute a separate and distinct offense.

B. 

Notwithstanding any provision of law to the contrary, any covered employer, owners thereof, contractor or subcontractor, as the case may be, who violates any of the provisions of § 7A-4 and § 7A-8, upon a first violation shall be subject to a civil penalty, in an amount not less than $250 nor more than $1,000, for each day such covered employee remains employed by the covered employer, contractor or subcontractor, or for each day the owners thereof shall remain an owner, as the case may be. Any covered employer, contractor or subcontractor, or the owners thereof, as the case may be, who violates any of the provisions of § 7A-4 and § 7A-8 of this article as set forth herein within the period of one year immediately subsequent to the first violation shall result in a second violation, the civil penalty of which shall be in an amount not less than $2,000 nor more than $5,000 for each day such covered employee remains employed by the covered employer, contractor or subcontractor, or for each day the owners thereof shall remain an owner, as the case may be. Each such violation shall constitute a separate and distinct offense.

C. 

Notwithstanding any provision of law to the contrary, any covered employer, the owners thereof, contractor or subcontractor, as the case may be, who violates the provisions of § 7A-7 of this article shall be subject to a civil penalty, in an amount not less than $250 nor more than $2,000.

D. 

Any covered employer, or the owners thereof, contractor or subcontractor, as the case may be, who violates the provisions § 7A-4, § 7A-7 and § 7A-8 of this article, more than two times, shall have its contract, subcontract, or agreement terminated immediately; and, in the case of a Town form of compensation, same shall be declared in default for purposes of the Town collecting on the full amount of compensation. In addition, such covered employers or contractors shall be barred from entering into any future agreement or contract with the Town or bidding on future Town contracts for five years. Any subcontractor that violates the provisions § 7A-4, § 7A-7 and § 7A-8 shall not be approved as a subcontractor on future Town contracts or agreements.

E. 

Any determination made hereunder by the Town shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules.