Montgomery Town City Zoning Code
§ 235-10.11
Enforcement; penalties for offenses.
A.
Notice of violation. When the Town of Montgomery determines that a land development activity is not being carried out in accordance with the requirements of this § 235-10, it may issue a written notice of violation to the landowner and to any other responsible persons or entities. The notice of violation shall contain:
(1)
The name and address of the landowner and of the developer or applicant, if other than the landowner.
(2)
The address, when available, or a description of the building, structure or land upon which the violation is occurring.
(3)
A statement specifying the nature of the violation.
(4)
A description of the remedial measures necessary to bring the land development activity into compliance with this § 235-10 and a time schedule for the completion of such remedial action.
(5)
A statement of the criminal and civil penalty or penalties that shall or may be assessed against the person and/or entity to whom the notice of violation is directed.
B.
Stop-work orders. The Town of Montgomery may issue a stop-work order for violations of this § 235-10. Persons or entities receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Montgomery confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this § 235-10.
C.
Violations. Any land development activity that is commenced or is conducted contrary to this § 235-10 may be restrained by injunction or otherwise abated in a manner provided by law, and a court may award the Town all of its reasonable attorney's fees and court costs in connection with such action or proceeding.
D.
Criminal penalties. In addition to or as an alternative to any other penalty provided herein or by law, any person who violates the provisions of this § 235-10 shall be guilty of a violation punishable by a fine not exceeding $350,00 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this § 235-10 shall be deemed misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
E.
Civil penalties.
(1)
In addition to or as an alternative to any other penalty provided herein or by law, and pursuant to the authority delegated to the Town of Montgomery under the provisions of Town Law § 135(1) and Municipal Home Rule Law § 10(4)b, a violation of any of the provisions of this § 235-10 may result in a civil penalty as follows:
(2)
Civil penalties may be imposed consecutively. Each week that a violation is found to have existed after service of the notice specified in Subsection A above shall constitute a separate, additional violation and may result in the imposition of a separate civil penalty.
(3)
Right to be heard prior to the imposition of any civil penalty. No civil penalty shall be imposed under the provisions of this subsection unless and until the responsible party or parties have been provided with the opportunity to be heard and to present evidence in support of any claim that such penalty should not be imposed in whole or in part. The Town Board shall set forth by resolution the particular procedures attendant to the particular case to ensure that due process has been afforded the responsible party or parties. The Town Board may, in its sole discretion, designate a hearing officer to conduct such hearing, evaluate all of the evidence and submit a recommendation to the Town Board prior to the imposition of any civil penalty.
F.
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this § 235-10, the Code Enforcement Officer may prevent the occupancy of said building or land.
G.
Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Montgomery may take necessary corrective action, the cost of which, including all the Town's reasonable attorney's fees and other reasonable expenses, shall become a lien upon the property and shall be collected in the same manner as other Town taxes.