[Amended 3-22-1966; 10-10-1967; 7-9-1968; 4-29-1969; 6-3-1969; 7-22-1969; 6-9-1970; 3-23-1971; 6-26-1973; 12-11-1973; 6-8-1976; 9-8-1981; 12-22-1981; 1-25-1982; 1-25-1983; 8-9-1983; 6-25-1985; 1-25-2000; 5-8-2007] It shall be the duty of the Building Director and other persons designated by the Town Board to administer and enforce the provisions of Article 16 of the Town Law and the provisions of this chapter, in the manner described in Chapter 112, Article II, Building Construction Administration, and this article.
[Added 6-25-1985; amended 1-25-2000]
A. For each violation of the provisions of this chapter, including but not limited to violations of conditions imposed by the Town Board, Planning Board, Board of Site Plan Review and/or Zoning Board of Appeals, the owner, business entity who is the owner, general agent, or person in charge of the premises, architect, engineer and/or contractor of the building, structure or premises where such violation has been committed or exists shall be held liable, on conviction thereof, to a fine or penalty of not less than $500 nor more than $5,000 for a conviction of a first offense; upon conviction of a second violation where the offense is committed within five years of the first conviction, a fine of not less than $2,000 nor more than $10,000; and upon conviction of a third or subsequent violation where the offense is committed within five years of the first and second convictions, which shall constitute a misdemeanor, a by a fine of not less than $4,000 nor more than $15,000 or imprisonment not to exceed six months, or both such fine and imprisonment. Each day, or part thereof, such violation continues following notification by the Town or service of a summons shall constitute a separate offense punishable in like manner. In addition to such fine, the defendant shall pay all costs and expenses incurred by the Town in determining such violation. The foregoing shall be in addition to all other remedies available under the law to the Town or the Town Board. [Amended 1-15-2004; 9-20-2012]
B. In the event of any actual or impending violation of this chapter, the Town Board or Town Attorney, in addition to other remedies, may institute any appropriate action or proceedings to prevent, restrain, correct or abate such violation. In addition to the criminal penalties set forth herein or in other applicable law, rule or regulation, the Town Attorney is authorized to pursue civil and equitable relief, including but not limited to compensatory actions; civil penalties in the amount of up to $500 per day or any part thereof; an action to compel compliance with or to restrain by injunction the violation of this chapter; and other remedies which the Town Attorney may deem necessary and proper. Any civil monetary penalty awarded may be assessed against the tax bill of the property where the violation has occurred and shall be collected in the same manner. In any civil or equitable action or proceeding commenced in the name of the Town of Smithtown for violations of this chapter, if the Town is successful in its action or proceeding, it can expect attorney fees to be paid in addition to other fines and penalties. [Amended 9-20-2012]
C. In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
[Amended 1-25-2000] Duly certified copies of this chapter and of the Building Zone Map, which forms a part hereof, together with copies of all amendments hereto, shall be filed in the Town Clerk's office and shall be open to public inspection.
