[Amended 6-3-1969; 9-18-1973 by L.L. No. 4, 1973]
A.
Any person, firm, corporation or entity who shall
violate any of the provisions of the Town of Islip Zoning Ordinance
or the Subdivision and Land Development Regulations or fail to comply
therewith or with any of the requirements thereof or who shall build
or alter any building, appurtenance or site in violation of any detailed
statement or plan submitted and approved under such ordinance or regulation
shall be guilty of a violation of such ordinance or regulation, which
shall be punishable by a fine not exceeding $2,000 or by imprisonment
for a period not to exceed 15 days, or both; and each day's continued
violation shall constitute a separate additional violation. The owner
or owners of any building or premises or part thereof or any person
in possession thereof where anything is in violation of this ordinance
shall be placed or shall exist and any architect, engineer, expediter,
supplier, builder, contractor, agent, person or corporation who may
have assisted in the commission or maintenance of any such violation
shall each be guilty of a separate offense and, upon conviction thereof,
shall be fined and/or imprisoned as herein provided.
[Amended 4-5-2005; 4-14-2009]
B.
Notwithstanding any provision of Subsection A, with respect to a violation relating to an illegal two-family house or any multiple dwelling, including boardinghouses, the minimum and maximum fines shall be:
[Amended 4-21-1998; 4-22-2003 by L.L. No. 2-2003; 4-14-2009]
(1)
For
a first conviction: minimum fine, $750; maximum fine, $2,500 or by
imprisonment for a period not to exceed 15 days, or both.
(2)
For
any second conviction, after having been convicted within a period
of five years of the first conviction, such violation will be subject
to a fine of not less than $2,500 nor more than $5,000 or by imprisonment
for a period not to exceed 15 days, or both.
(3)
(Reserved)
(4)
For
any third or subsequent offense, after having been convicted two or
more times within a period of five years, such violation shall be
prosecuted as an unclassified misdemeanor, with a minimum fine of
$5,000 and a maximum fine of $10,000 and/or a maximum period of incarceration
of one year, or both.
C.
Any person, firm, corporation or entity who shall
violate any of the provisions of the Town of Islip Zoning Ordinance
or the Subdivision and Land Development Regulations or fail to comply
therewith or with any of the requirements thereof or who shall build
or alter any building, appurtenance or site in violation of any detailed
statement or plan submitted and approved under such ordinance or regulation
shall be subject to the issuance of a stop-work order from the Commissioner
of Planning and Development, or his designee.
[Added 4-5-2005]
[1]
Editor's Note: This ordinance also provided
that it take effect 7-9-1995.
[Amended 4-8-1997]
The defense of legal nonconforming use, as established
before and by the decision of the Zoning Board of Appeals, which may
be interposed in a prosecution pursuant to the provisions of the Town
of Islip Zoning Ordinance, is deemed to be an affirmative and complete
defense.
