§ 103-10. Enforcement; penalties for offenses.


Latest version.
  • A. 
    A violation of any condition of a permit, certificate, approval, site plan, or other authorization granted or issued by any board or Town department in the exercise of its jurisdiction pursuant to this chapter shall be considered a violation of this chapter and subject to the enforcement and penalties provisions established herein.
    B. 
    Any violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 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 purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter 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.
    C. 
    A person who commits any violation of this chapter shall be subject to monetary civil penalties not exceeding $350 for the first violation, not less than $350 nor more than $700 for the second violation occurring within a period of five years, and not less than $700 nor more than $1,000 for a third or subsequent violation occurring within a period of five years. Each week's continued violation shall constitute a separate additional violation.
    D. 
    In case any solar energy system and any associated buildings or structures are erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used, in violation of this chapter, the Town Attorney, with the approval of the Town Board, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use of land, to restrain, correct or abate such violation, to prevent the use in or about such land.