Town of Milo, NY Article XVIII Violations

§ 222-84 Violations unlawful.

It shall be unlawful for any person, firm or corporation to design, construct or maintain a highway, private road as well as driveway or sidewalk, or portion thereof, in violation of any provisions of this chapter, or fail in any manner to comply with any notice, directive or order of the Town Highway Superintendent.

§ 222-85 Notice.

Whenever the Town Highway Superintendent determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, or fail in any manner to comply with any notice, directive or order of the Town Highway Superintendent, a notice of violation shall be given in the manner prescribed in this article to the person, firm or corporation thereof in violation of any provisions of this chapter.

§ 222-86 Notice of violation.

A notice of violation shall be in accordance with all of the following:

A. Be in writing.

B. Include a description of the real estate sufficient for identification.

C. Include a statement of the violation or violations and why the notice is being issued.

D. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring any violation into compliance with this chapter.

E. Inform the person, firm or corporation of the right to appeal.

F. Include a statement of any applicable penalties and the right to file a lien in accordance with this chapter.

§ 222-87 Method of service.

A notice of violation shall be deemed to be properly served if a copy thereof is:

A. Delivered to the person, firm or corporation personally; or

B. Sent by certified mail addressed to the person, firm or business entity at the last known address with the return receipt requested; or

C. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the highway or private road as well as driveway or sidewalk affected by such notice.

§ 222-88 Compliance with notices.

A notice of violation issued or served as provided by this article shall be complied with by the contractor, applicant, owner, operator, occupant and other person responsible for the condition or violation to which the notice of violation pertains.

§ 222-89 Prosecution of violation.

If the notice of violation is not complied with promptly, the Town Highway Superintendent is authorized to petition the Town Board to request the Town Attorney to institute the appropriate proceeding at law or in equity to restrain, correct or abate violation(s) of this chapter or of the order or direction made pursuant thereto.

§ 222-90 Penalties for offenses; restoration.

A. Civil penalty. Any person who undertakes any action regulated by this chapter, or who violates, disobeys or disregards any provision of this chapter, shall be liable to the Town for civil penalty not to exceed $300 per day for every such violation. 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. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of this Town.

B. Criminal penalty. Any violation of any part of this chapter shall constitute a "violation" as defined in the Penal Law of the State of New York, and shall be punishable by a fine not to exceed $250, or 15 days' imprisonment, or both such fine and/or imprisonment. 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. The criminal penalties provided by this subsection shall be recoverable in an action instituted in the name of this Town.

C. Restoration. A court of competent jurisdiction may order or direct a violator to restore the affected land to its condition prior to the offense, insofar as that is possible. The court shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the Town Highway Superintendent or his/her designate.

D. Additional penalties. In addition to the foregoing penalties and restoration, the Town Attorney, or such attorney as may be designated by the Town, may at the request of the Town Board maintain an action or proceeding in the name of the Town and/or the Town Highway Superintendent in a court of competent jurisdiction to compel compliance with or restrain by injunction any violation of this chapter, and seek any civil damages or penalties or enforce any rights which may be available at law or in equity.

E. Remedies not exclusive. The remedies set forth in this article shall not be the exclusive remedies available to the Town, and the pursuit of any particular remedy shall be in addition to, and not in substitution, or limitation of, the right and authority to pursue any other remedy or other penalty. In addition to the remedies prescribed herein, if any use of Town highways is made or threatened in violation of any applicable provision of the Highway Law of the State of New York, Vehicle and Traffic Law of the State of New York, or the Code of the Town of Milo, the Town Board may, in the name of and on behalf of the Town, seek all remedies allowed pursuant to such laws or ordinances.