It shall be unlawful to maintain, occupy or use a building, structure or land, or any part thereof, for which a certificate of occupancy and/or a certificate of permitted use has not been issued, or if such certificate has been revoked or suspended.

Mixed-use buildings. Where more than one (1) use is permitted within a building or premises, a certificate of permitted use shall be obtained by each occupant for the use of the premises. An occupant who fails to obtain such certificate shall be in violation of this chapter.

It shall be unlawful to collect, deposit, receive or transact to receive monies or other consideration for the use and/or occupancy of any commercial building being utilized for housing, residential dwelling, apartment, house, building or structure, that does not possess a certificate of occupancy, certificate of permitted use, rental permit or other municipal authorization for such use and/or occupancy.

It shall be unlawful to change the use or occupancy of any land, premises or building until a certificate of permitted use has been issued, and if such change involves the erection of a building or an alteration or addition to an existing building, a building permit and a certificate of occupancy shall be obtained before any change of use or occupancy may be made.

No change, modification, alteration or extension of a nonconforming use shall be made until a certificate of permitted use has been issued, and no change, modification, alteration or extension of a nonconforming building, structure or premises shall be made until the appropriate permit has been issued. Any person or business entity who commits an offense against this section shall be deemed in violation of this chapter.

Any certificate or permit issued can be revoked by the Director of Engineering Services or his/her designee on the same basis and in the same manner as set forth in Chapter 87 of the Huntington Town Code.

Illegal apartment. It shall be unlawful to cause, allow or permit a residential dwelling unit or an apartment to be maintained, occupied or used in an attached or detached accessory structure, or building in a residential or non-residential zoning district, without a Certificate of Occupancy, Certificate of Permitted Use, Accessory Apartment Permit or other necessary town approval having been issued.

It shall be unlawful for any person or business entity to fail, neglect or refuse to fully comply with any condition or requirement imposed by the Huntington Town Board, Planning Board or Zoning Board of Appeals as a result of any land use or zoning action, decision or approval.

It shall be unlawful for any person or business entity to deviate in any manner from a site plan filed with and/or approved by the Department of Engineering Services, Department of Planning and Environment, Town Board, Planning Board or Zoning Board of Appeals.

It shall be the duty of the Building Inspector to enforce the provisions of this chapter, and said Building Inspector and any other official designated by the Town Board are hereby empowered to enforce any such provisions.

The Building Inspector, and any other official designated by the Town Board, including the Director of Public Safety, is authorized to inspect any building or premises to determine whether any violations of this chapter have been committed or exist and to take any appropriate action to put an end thereto. The Building Inspector, in appropriate cases, shall inform the Town Attorney of violations of this chapter and, with the issuance of an order in writing, he shall take all necessary steps to enforce the provisions of this chapter.[1]

General. Except as otherwise provided in this section, it shall be unlawful for any part of a building hereafter erected or any enlargement of a building heretofore erected to project beyond a street line or a building line.

Existing projections. Such parts of buildings as already project beyond the street line may be maintained as constructed unless and until their removal is directed by the Town Board. No change or enlargement shall be made to an existing building now projecting beyond the street line, except in conformity with the provisions of this section for new construction.

New construction. With respect to any building hereafter erected or any enlargement of a building heretofore erected, the following items are permitted to project beyond the street line or building line provided that they are constructed so that they may be removed without adversely affecting the structural safety of the building:

Except as set forth in Article XX (Accessory Dwelling Units) and in subdivision (B) below, for each violation of the provisions of this chapter, including but not limited to violations of conditions imposed by the Town Board, Planning Board and/or Zoning Board of Appeals, the owner, general agent, person in charge of the premises, architect, engineer and/or contractor of the building, structure or premises where such violation has been committed or exists shall be guilty of an offense, and on conviction thereof, subject to a fine of not less than one thousand ($1,000) dollars nor more than five thousand ($5,000) dollars, or by imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment for a conviction of a first offense; upon a conviction of a second offense committed within five (5) years of the first offense, shall be subject to a fine of not less than two thousand ($2,000) dollars nor more than ten thousand ($10,000) dollars, or by imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment; and upon conviction of a third or subsequent offense committed within five (5) years of the first offense, shall be guilty of a misdemeanor punishable by a fine of not less than four thousand ($4,000) dollars nor more than fifteen thousand ($15,000) dollars or imprisonment not to exceed six (6) months, or both such fine and imprisonment. Each day, or part thereof, such violation continues following notification by the Town or service of a summons, appearance ticket or notice of violation returnable before the Bureau of Administrative Adjudication shall constitute a separate offense punishable in like manner.

Any person or business entity who is the owner or is in charge of property where a violation of § 198-120(A), (B), (C), (D) or (E), or § 198-119 has been committed or exists, or who commits a violation of the provisions of § 198-120(A), (B), (C), (D) or (E), or § 198-119, or has control of the property and permits such violation to exist shall upon conviction be guilty of an offense, punishable by a fine of not less than five hundred ($500) dollars nor more than five thousand ($5,000) dollars, or by imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment upon a conviction of a first offense; upon a conviction of a second offense, committed within five (5) years of the first offense, a fine of not less than two thousand ($2,000) dollars nor more than ten thousand ($10,000) dollars, or by imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment; and upon conviction of a third or subsequent offense, committed within five (5) years of the first offense, a fine of not less than four thousand ($4,000) dollars nor more than fifteen thousand ($15,000) dollars or by imprisonment not exceeding thirty (30) days, or by both such fine and imprisonment. Each day, or part thereof such violation continues, following notification by the Town or service of a summons, appearance ticket or notice of violation returnable before the Bureau of Administrative Adjudication, shall constitute a separate offense, punishable in like manner.

Any person or entity found by the Bureau of Administrative Adjudication to have violated this chapter shall likewise be subject to a monetary penalty within the range of fines authorized in subdivisions (A) and (B) for the respective violations referenced therein for a first offense, subsequent offenses and continuing offenses.

In addition to the criminal and civil penalties set forth herein or in other applicable law, rule or regulation, the Town Attorney is authorized to pursue civil and equitable relief in the name of the Town in a court of competent jurisdiction, including but not limited to compensatory actions; civil penalties in the amount of up to five hundred ($500) dollars per day, or any part thereof; an action to compel compliance with or to restrain by injunction the violation of this chapter; and other remedies which in the opinion of the Town Attorney may seem necessary and proper. Any civil monetary penalty awarded may be added to the tax bill of the property where the violation has occurred and shall be collected in the same manner.

In any civil or equitable action or proceeding commenced in the name of the Town of Huntington for violations of this chapter, if the Town is successful in its action or proceeding, it can expect attorney fees to be paid in addition to other fines and penalties.