Islip, NY Zoning Ordinance

[Amended 3-3-1981; 1-5-1988 by L.L. No. 1-1988; 1-4-1994; 6-20-1995[1] ]

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]

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.

[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.