Brookhaven City Zoning Code
Article
XII Remedies and Penalties
§ 85-157 Remedies.
A.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or premises is used in violation of this chapter, or of any regulations made pursuant thereto, or in violation of any covenant or condition imposed by the Town Board, the Zoning Board of Appeals or the Planning Board as a condition of any change of zone, permit, special permit, grant, subdivision approval or site plan approval, in addition to other remedies provided by law, any appropriate action or proceeding may be instituted or taken to prevent such 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 premises or to prevent any illegal act, conduct, business or use in or about such premises.
B.
Any provision contained in the Town Code to the contrary notwithstanding, the Town Attorney, or his/her designee, in consultation with the Town Board, in addition to or in lieu of seeking criminal penalties or seeking to restrain or enjoin activity in violation of this Code may enter into a civil compromise whereby the person or entity who or which committed such violation agrees to pay to the Town a civil penalty in an agreed amount. The payment of a civil penalty must be made in conjunction with an agreement on consent whereby the violator agrees to take steps to comply with the procedures set forth in the Town Code. A violation of this Code includes, but is not limited to, the construction, alteration, repair or conversion of any building or structure or the use of any building, structure or premises in violation of this Code or any covenant or condition imposed by the Town Board, the Zoning Board of Appeals or the Planning Board in connection with the approval of any petition or application submitted to such Board.
C.
Revocation of Town Board grant. Failure to comply with any restrictions, conditions and/or criteria as set forth under the Town Code of the Town of Brookhaven, or imposed by the Town Board, in connection with any special permit grant or variance granted by the Town Board shall be presumptive grounds for revocation of such special permit or variance granted by the Town Board.
§ 85-158 Penalties for offenses.
A.
Any person or corporation who or which shall violate any of the provisions of this chapter, except as otherwise provided herein, or any covenant or condition imposed by the Town Board, the Zoning Board of Appeals, or the Planning Board, as a condition of any change of zone, permit, special permit, grant, subdivision approval, or site plan approval, shall be guilty of a violation of such ordinance, which shall be punishable for a first offense by a fine of $2,500 to $6,000 or imprisonment not to exceed 15 days, or both; for a second offense within a five-year period, by a fine not less than $5,000 and not exceeding $10,000 or imprisonment for a period not to exceed 15 days, or both; and for a third or subsequent offense within a five-year period, by a fine of not less than $7,500 and not exceeding $15,000 and imprisonment for a period not exceeding six months. Each week's continued violation shall constitute a separate additional violation.
[Amended 11-19-2024 by L.L. No. 20-2024, effective 11-27-2024]
B.
The owner or owners of any building or premises or part thereof, or any person in possession thereof where any violation of this chapter has been committed or shall exist, and any architect, builder, contractor, agent, person or corporation who or which knowingly commits, takes part or assists in any such violation, or who maintains any building, structure or premises in which any such violation exists, shall be guilty of a violation of such ordinance, which shall be punishable for a first offense by a fine not exceeding $1,000 or imprisonment not to exceed 15 days, or both; for a second offense within a five-year period, by a fine not less than $500 and not exceeding $2,000 or imprisonment for a period not to exceed 15 days, or both; and for a third or subsequent offense within a five-year period, by a fine of not less than $1,000 and not exceeding $2,500 and imprisonment for a period not exceeding six months. Each week's continued violation shall constitute a separate additional violation.
C.
Any person violating any provisions of §§ 85-633 through 85-641, HD Historic District, or any permit, approval, covenant or restriction, or any condition imposed by the Town Board, Zoning Board of Appeals or Planning Board, applicable to any property within a designated historic district or designated historic landmark, shall be punished as follows: upon a first conviction, by a fine not exceeding $1,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment; upon a second or subsequent conviction, by a minimum fine of $2,000 or by imprisonment for not less than 15 days nor more than six months, or by both such fine and imprisonment. For purposes of this subsection, a second violation shall be prosecuted as a misdemeanor. Each week's continued violation shall constitute a separate additional violation.
[Amended 6-26-2018 by L.L. No. 14-2018, effective 7-9-2018]
D.
Historic district; historic landmarks.
(1)
Any owner, person or entity who or which demolishes, alters, constructs or permits a property within a designated historic district or designated historic landmark to fall into a state of disrepair or otherwise in violation of this chapter, or causes, allows or permits a violation of any permit, approval, covenant or restriction, or any condition imposed by the Town Board, the Zoning Board of Appeals or the Planning Board, shall be required to restore the property and the site to its appearance before the violation, in full compliance with § 85-633 through § 85-641, and in full compliance with any permit, approval, covenant or restriction and any condition imposed in said grant/permit. Any action to enforce this provision shall be in addition to and not in lieu of criminal penalties and other available remedies.
(2)
Notwithstanding the provisions contained in this article, any owner, person or entity who or which partially or totally demolishes a property within a designated historic district or a designated historic landmark, without obtaining the required permit, approval or authorization, shall also be subject to a civil fine of up to the market value of the property, either before or after the violation, whichever is greater, as more fully set forth in § 85-641B of the Code of the Town of Brookhaven.
E.
Any person violating any provisions of § 85-12, § 85-15, § 85-113, §§ 85-190 through 85-246, § 85-258, § 85-855 or § 85-891 shall be punished as follows: upon a first conviction, by a fine of $2,500 to $6,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment; upon a second or subsequent conviction, by a fine of $5,000 to $10,000 or by a maximum period of imprisonment not to exceed six months, or by both such fine and imprisonment. For a third or subsequent offense within a five-year period, by a fine of not less than $7,500 and not exceeding $15,000 and imprisonment for a period not exceeding six months. For purposes of this subsection, a second violation or subsequent offense shall be prosecuted as an unclassified misdemeanor. Each week's continued violation shall constitute a separate additional violation.
[Amended 11-19-2024 by L.L. No. 20-2024, effective 11-27-2024]
F.
Exterior lighting.[1]
(1)
Residential exterior lighting. Violation of any of the provisions of this chapter by any person, firm, owner, tenant, person in possession, partnership, corporation or other business entity related to residential exterior lighting shall be guilty of a violation, punishable by a fine not exceeding $250 or imprisonment not to exceed 15 days, or both; a person, firm, owner, tenant, person in possession, partnership, corporation or other business entity who or which violates this chapter, after being convicted of a violation of this chapter within the preceding year, shall be guilty of a violation, punishable by a fine not to exceed $500 or imprisonment for a period not to exceed 15 days, or both; a person, firm, owner, tenant, person in possession, partnership, corporation or other business entity who or which violates this article, after being convicted two or more times of a violation of this chapter within the proceeding three-year period, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 and/or imprisonment for a period not to exceed 30 days.
(2)
Nonresidential exterior lighting. Violation of any of the provisions of this chapter by any person, firm, owner, tenant, person in possession, partnership, corporation or other business entity related to nonresidential exterior lighting shall be guilty of a violation, punishable by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both; a person, firm, owner, tenant, person in possession, partnership, corporation or other business entity who or which violates this chapter, after being convicted of a violation of this chapter within the preceding year, shall be guilty of a violation, punishable by a fine not to exceed $1,000 or imprisonment for a period not to exceed 15 days, or both; a person, firm, owner, tenant, person in possession, partnership, corporation or other business entity who or which violates this chapter, after being convicted two or more times of a violation of this chapter within the proceeding three-year period, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $3,000 and/or imprisonment for a period not to exceed 30 days.
G.
The owner or owners of any building or premises or part thereof violating any provision of § 85-884, Subsection B, related to transient residential occupancies, or Subsection C, related to transient recreational uses, shall be guilty of a violation of such ordinance, which shall be punishable for a first offense by a fine of $500 to $4,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment; upon a second or subsequent conviction, by a fine of $1,000 to $6,000 or by a maximum period of imprisonment not to exceed six months, or by both such fine and imprisonment. For purposes of this subsection, a second violation or subsequent offense shall be prosecuted as an unclassified misdemeanor. Each week's continued violation shall constitute a separate additional violation.
[2]
Editor's Note: This local law also provided for the redesignation of former Subsection G as Subsection H.
H.
This section is enacted pursuant to Municipal Home Rule Law § 10, Subdivision 1(ii)a(9-a), and § 10, Subdivision 1(ii)d(3), and pursuant to § 10(5) of the Statute of Local Governments, and is intended to supersede Town Law § 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein.
§ 85-159 Remedies and penalties for violations in Central Pine Barrens.
A.
Legislative intent.
(1)
In 1993, New York State adopted § 57-0119 of the Environmental Conservation Law, entitled "Central Pine Barrens Joint Planning and Policy Commission." This Commission consists of five voting members: a member appointed by the Governor, the County Executive of Suffolk County, and the Supervisors of the Towns of Brookhaven, Riverhead and Southampton.
(2)
This Commission was formed to implement, manage and oversee land use within the Central Pine Barrens area on Long Island. ECL § 57-0119(6)(a) gives the Commission the power to prepare, adopt and ensure implementation of the Comprehensive Land Use Plan. ECL Article 57 recognizes the importance of the three local towns to regulate the implementation of the Plan within the Central Pine Barrens region.
(3)
The authority to establish a Comprehensive Land Use Plan is contained in ECL § 57-0121. In conformance with ECL Article 57 and the Comprehensive Land Use Plan, the Town Board of the Town of Brookhaven enacted § 85-718 of this Code entitled "Central Pine Barrens District."
(4)
The intention of the original legislation adopted in 1995 and the resulting plan was that the local planning and zoning powers and authority to regulate land uses by local municipalities within the Central Pine Barrens area would not be affected by said legislation and plan.
(5)
In an effort to address unauthorized or illegal activity within the boundaries of the Central Pine Barrens area, in particular clearing of large tracts of land without the necessary approvals, the members of the Commission have expressed an interest in enforcing Article 57 of the ECL. Although each of the zoning codes of the respective three towns contains penalty provisions for violations of the Code, no specific provisions are included for violations of regulations within the Central Pine Barrens area. Article 57 of the ECL does not specifically provide for an enforcement or penalty provision.
(6)
The Towns of Brookhaven, Riverhead and Southampton desire to discourage and prevent unauthorized and illegal land clearing activities, illegal dumping and other unauthorized uses within the core area and the compatible growth area of the Long Island Central Pine Barrens region. Any amendment to Article 57 of the ECL should be consistent with existing code enforcement provisions in each of the three towns.
(7)
This section is necessary to raise the potential penalties under the authority of the respective Town codes for unauthorized and illegal land clearing activities, as well as provide enforcement of other provisions of the respective Town codes regarding the Long Island Central Pine Barrens region.
(8)
While the fine amounts set forth herein are significant, they are not out of proportion to the nature of the violation. Violations occurring within the Central Pine Barrens area may threaten groundwater and the endangered and threatened plants and animals found within the Central Pine Barrens. Through the enactment of Article 57 of the ECL, the State Legislature has seen fit to protect this environmentally sensitive area. This section is adopted pursuant to the home rule authorization found within § 10(4)(b) of the Municipal Home Rule Law and is intended to supersede § 268 of the Town Law.
B.
In addition to the remedies provided for in § 85-157 which apply as if fully set forth herein, any person or entity who or which shall violate any of the provisions of §§ 85-718 through 85-726, entitled the "Central Pine Barrens District," shall restore the subject premises or property or shall undertake any necessary remedial action as required by the Town in order to bring the subject premises or property into conformance with the requirements of §§ 85-718 through 85-726 of this Code and the Central Pine Barrens Comprehensive Land Use Plan or any permit, covenant, condition or approval issued pursuant thereto, in addition to the fines set forth in § 85-157.
C.
Any person or entity who or which shall violate any of the provisions of §§ 85-718 through 85-726, entitled the "Central Pine Barrens District," or the Central Pine Barrens Comprehensive Land Use Plan or any permit, covenant or condition issued pursuant thereto, shall be guilty of a violation of such, which shall be punishable by a fine not exceeding $25,000 or no more than one year in jail for violations occurring on premises or property located within the Core Preservation Area, or not exceeding $10,000 or no more than one year in jail for violations occurring on premises or property located within the Compatible Growth Area, and an additional fine not exceeding $1,000 in both areas for each day that such violation continues. A violation of this section shall be classified as an unclassified misdemeanor.
D.
Any fines or penalties collected pursuant to either § 85-157 or 85-158 of this Code with regard to the violations occurring within the Central Pine Barrens District shall be deposited with the Town Department of Finance and shall be maintained in a segregated account to be used exclusively for protection, preservation, enhancement and/or restoration of the natural resources and ecosystems of the Central Pine Barrens District.
§ 85-160 Severability.
If any section, provision or part thereof in this article shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall not affect the validity of the article as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.