City of Rye, NY Enforcement

Inspection. Any site for which an application has been submitted shall be subject to inspection at any reasonable time, including weekends and holidays, by the Planning Commission or its designated representatives.

Administrative sanctions.

(1)

Damages. Any person who undertakes any activity regulated by this chapter without a permit issued hereunder, or who violates, disobeys or disregards any provision of this chapter, shall be liable to the City for civil damages caused by such a violation for every such violation. Each consecutive day of the violation will be considered a separate offense. Such civil damages may be recovered in an action brought by the City on behalf of the Planning Commission in any court of competent jurisdiction.

(2)

Restitution. The Planning Commission shall have the authority to direct the violator to restore the steep slope area to its condition prior to the violation within a reasonable time. Further, the Planning Commission shall have the authority to require an adequate performance guaranty in a form and amount deemed necessary by the Planning Commission to insure the restoration of the affected steep slope area.

(3)

Stop-work order; revocation of permit. In the event that any person, firm or corporation is performing work without a permit, the Building Inspector shall issue a stop-work order. Such stop-work order shall remain in effect until such time that the Building Inspector determines that all appropriate permits are granted. In the event that any person holding a permit issued pursuant to this chapter violates the terms of the permit, fails to comply with any of the conditions or limitations set forth in the permit, exceeds the scope of the activity as set forth in the application or operates so as to be materially detrimental to the public welfare or injurious to a steep slope area, the Planning Commission may suspend or revoke the permit, as follows.

(a)

Suspension of a permit shall be by a written stop-work order. The stop-work order shall remain in effect until the Building Inspector is satisfied that the permittee has complied with all terms of the subject permit or until a final determination is made by the Planning Commission as provided in Subsection B(3)(b) immediately below.

(b)

No steep slope work permit shall be permanently suspended or revoked until a public hearing is held by the Planning Commission. Written notice of such hearing shall be served on the permittee, either personally or by registered mail, and shall state the grounds for complaint or reasons for suspension or revocation and the time and place of the hearing to be held. Such notice shall be served on the permittee at least one week before the next regularly scheduled public meeting of the Planning Commission. At such hearing, the permittee shall be given an opportunity to be heard and may call witnesses and present evidence on his behalf. At the conclusion the hearing, the Planning Commission shall determine whether the permit shall be reinstated, suspended or revoked. If revoked, all other construction related permits for the property shall also be revoked unless, in the interests of the general welfare, public health and safety, the work needs to continue.

Fines. Any person deemed to have violated or disobeyed any provision hereof, any order of the Building Inspector or any condition duly imposed by the Planning Commission in an approval or work permit granted pursuant to this chapter, shall be liable for a fine of up to $1,000 per violation with each consecutive day of the violation being considered a separate offense.

Denial of construction-related permits. Any person, firm or corporation, or any principal of the firm or corporation (or any successor or assign of any of them) who violates this chapter shall be subject to a three-year suspension of his or its privilege to obtain any construction related permits in the City of Rye, including, but not limited to, blasting permits, demolition permits, building permits, wetland permits, and steep slope permits.