Public Notice: Town of Riverhead — public hearing to consider a local law to amend Chapter 217 entitled, "Buildings, Building Construction and Improvements and Housing Standards"

Event Date: 
Tue, 12/05/2017 - 2:00pm - 3:00pm




            PLEASE TAKE NOTICE that a public hearing will be held on the 5th day of December, 2017 at 2:00 o'clock p.m., at Town Hall, 200 Howell Avenue, Riverhead, New York to hear all interested persons to consider a local law to amend Chapter 217 entitled, "Buildings, Building Construction and Improvements and Housing Standards", Part 5 thereof entitled, “Housing Standards” of the Town Code as follows:


Chapter 217

Buildings, Building Construction and Improvements and Housing Standards


Part 5

Housing Standards


Article XV Penalties


§ 217-104 Penalties for offenses.


A.         Except as provided in § 217-97 for violations of Article XIII of this Part 5, a violation of any provision or requirement of this Part 5 shall be deemed a violation punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.


B.        Except where a time for compliance may have been set in a notice of violation, each week's violation shall be deemed a separate offense.


C.        Civil penalties. In addition to the criminal penalties set forth herein, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to actions for compensatory damages; civil penalties; to compel compliance, or to restrain by injunction, violations of this Part 5; and any other remedies which the Town Attorney may deem necessary and proper.


(1)       Any person found to have violated any of the provisions of this Part 5 shall be subject to a civil penalty.


(2)       Each day of a continuing violation shall be subject to a separate civil penalty. The civil penalty for a violation of this Part 5 shall be as follows: $350 for the first day of violation or any part thereof; $500 for the second day of violation or any part thereof; and $1,000 for the third day of violation or any part thereof; and for all subsequent days of violation, up to and including the 15th day, said civil penalties for any given fifteen-day period may not exceed $15,000. Civil penalties may be recovered in any action or proceeding brought by the Town Attorney in any court of competent jurisdiction or before a duly appointed hearing officer whenever permitted by law for a violation of this Part 5.

(3)       Each fifteen-day period shall be the subject of a separate cause of action and shall be subject to additional civil penalties not to exceed $15,000 in each and every fifteen-day period.


(4)       All civil penalties shall be mandatory penalties and must be imposed upon a judgment in favor of the Town. If said penalty is not paid to the Town of Riverhead within 10 days of a judgment, a civil judgment shall be entered against the property, and the owner of the property, and said judgment may be collectible by a tax assessment against the property on which said violation occurred.


(5)       Any civil penalty imposed shall be in addition to any fine and/or imprisonment imposed as a result of a criminal prosecution provided for in the Riverhead Town Code or any state or local law. There is no requirement of notice prior to the commencement of a civil action.


(6)       Strict liability. Personal knowledge of the existence of a violation is not required, no mens rea (intent) is required, and any violation charged herein shall be one of strict liability.


(7)       Continued violation. There shall be a presumption that a violation continues from the day the Town establishes that said violation existed until the violation's existence is rebutted, but in any case no longer than 15 days for each civil action filed.


Overstrike represents deletion(s)

Underscore represents addition(s)


Dated:            Riverhead, New York

           November 8, 2017