A.
Any property for which an application has been submitted shall be
subject to inspection at any reasonable time, including weekends and
legal holidays, by the Code Enforcement Officer, professional consultant(s)
or the Town's designated representatives. Written notice will
be provided to owners of any site inspection that is to be performed
on a weekend, a legal holiday or between the hours of 6:30 p.m. and
7:00 a.m. Such notice shall be deemed to be properly served if a copy
thereof is:
B.
The applicant shall indemnify and hold the Town, its officers, employees
and agents harmless against any damage or injury which may be caused
by or arise out of any entry onto the subject site in connection with
the processing of the application or inspection of the site to determine
compliance with any conditions of permit approval during the pendency
of the application, during the effective period of any steep slope
permit or work permit issued for the site and for up to one year after
completion of work.
A.
Damages. Any person who undertakes any activity regulated by this
chapter without a steep slope permit issued hereunder, 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.
Restoration. Any court having jurisdiction may order or direct a
violator to restore the affected steep slope area 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 Code Enforcement
Officer or his/her designee.
An action or proceeding may be instituted in the name of this
Town, in a court of competent jurisdiction, to prevent, restrain,
enjoin, correct, or abate any violation of, or to enforce, any provisions
hereof and/or to compel the restoration of the affected steep slope
area to its condition prior to the violation of the provisions of
this chapter. An action or proceeding may be commenced in the name
of this Town, in the Supreme Court or in any other court having the
requisite jurisdiction, to obtain an order directing the relief requested
by the Town.
Any person who violates any provision of this chapter shall
be guilty of a violation pursuant to the Penal Law of the State of
New York, punishable by a fine of not more than $250. For a second
and each subsequent offense, the violator shall also be subject, in
addition to a fine, to a term of imprisonment of up to 15 days, or
both. 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.
