§ 7A-19. Enforcement; penalties for offenses.

A. 

Notwithstanding any provision of law to the contrary, any contractor or subcontractor who submits a false, fictitious or fraudulent affidavit to the Town or awarding agency in connection with § 7A-15, § 7A-16 and/or § 7A-17, or any independent contractor who submits a false, fictitious or fraudulent affidavit in connection with § 7A-16, shall be subject to a civil penalty, in amount not less than $1,000 nor more than $5,000. Each such violation shall constitute a separate and distinct offense. Any false, fictitious or fraudulent affidavit shall be referred to the appropriate authorities, including but not limited to the Suffolk County District Attorney's Office.

B. 

Notwithstanding any provision of law to the contrary, any contractor or subcontractor, who fails to comply with any of the provisions of § 7A-15, § 7A-16 and/or § 7A-17, or independent contractor who fails to comply with any provisions of § 7A-16, upon a first violation shall be subject to a civil penalty, in an amount not less than $1,000 nor more than $5,000, for each day such covered employee remains on the Town job site employed by the contractor or subcontractor or independent contractor. Any contractor or subcontractor who fails to comply with any of the provisions of § 7A-15, § 7A-16 and/or § 7A-17, or independent contractor who fails to comply with any provision of § 7A-16, of this article as set forth herein within the period of six months 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 $5,000 nor more than $8,000 for each day such covered employee remains on the Town job site employed by the contractor or subcontractor or independent contractor. Each such violation shall constitute a separate and distinct offense.

C. 

Any contractor that violates the provisions § 7A-15, § 7A-16 and/or § 7A-17 of this article, more than two times, shall have its contract terminated immediately; and, in the case of a Town form of compensation, it shall be declared in default for purposes of the Town collecting on the full amount of compensation.

D. 

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