§ 57-0136 — Penalties and enforcement

§ 57-0136. Penalties and enforcement.\n 1. Violations. (a) All of the rights and remedies provided for in this\nsection are in addition to all of the rights and remedies available to\nthe villages and towns located within the "Central Pine Barrens Area" as\nspecifically defined in subdivision ten of section 57-0107 of this\ntitle. All of the rights and remedies provided for in this section are\nin addition to all of the rights and remedies available to the attorney\ngeneral as provided for in state law.\n (b) With respect to any land use conduct within the Central Pine\nBarrens Area that violates any provision of an applicable village or\ntown law, the responsibility for enforcement of such violation shall lie\nwith the applicable village or town in the first instance as provided\nfor in the laws of the respective town or village. The applicable\nvillage or town shall provide written notice to the commission of all\nsuch enforcement efforts. In the event the applicable village or town\ndoes not commence an enforcement action within sixty days from the\nreceipt of a written notice to the applicable village or town of any\nland use conduct within the Central Pine Barrens Area that may violate\nany provision of an applicable village or town law, the commission, or\nthe attorney general at the request of the commission or upon his or her\nown initiative, may institute enforcement action for such violation as\nset forth in subdivisions two, three and four of this section.\n (c) With regard to any violation of this title, the land use plan\nadopted by the commission, any regulation promulgated by the commission,\nor any order, determination or permit condition issued by the\ncommission, there shall be independent jurisdiction among the village or\ntown in which such violation occurred or is occurring to investigate and\nprosecute such violation as set forth in subdivisions two, three and\nfour of this section. The commission or the attorney general at the\nrequest of the commission or upon the attorney general's own initiative\nshall also have independent jurisdiction to investigate and prosecute\nsuch violation as set forth in subdivisions two, three and four of this\nsection.\n The party initiating such a prosecution shall consult with the other\ngovernmental entities named in this section before initiating such an\naction, except in a case involving a threat of irreparable harm or\nimminent violation or repeated violations of this title, the land use\nplan adopted by the commission, any regulation promulgated by the\ncommission, or any order, determination or permit condition issued by\nthe commission.\n (d) With regard to any land use conduct within the Central Pine\nBarrens Area that is a violation of the applicable village or town law\nin addition to being a violation of the specific requirements of this\ntitle, the land use plan adopted by the commission, or the terms or\nconditions of any order, permit or determination issued by the\ncommission, the commission, or the attorney general at the request of\nthe village or town, may jointly institute with the village and town an\nenforcement action as set forth in subdivisions two, three and four of\nthis section. In such event, any penalties or fines collected shall be\ndeposited with the applicable village or town to be maintained in a\nsegregated account to be used exclusively for the acquisition of real\nproperty or transferable development rights interests or capital\nprojects associated with enhancement and/or restoration of the natural\nresources and ecosystems located within the Central Pine Barrens Area.\n 2. Civil penalties. (a) For a violation that takes place in the "core\npreservation area" as defined in subdivision eleven of section 57-0107\nof this title, any person who violates any provision of this title, the\nland use plan adopted by the commission, any regulation promulgated by\nthe commission, or the terms or conditions of any order, permit, or\ndetermination issued by the commission pursuant to this title shall be\nliable for a civil penalty of not more than twenty-five thousand dollars\nfor each violation and an additional civil penalty of not more than one\nthousand dollars for each day that such violation continues.\n (b) For a violation that takes place in the "compatible growth area"\nas defined in subdivision twelve of section 57-0107 of this title, any\nperson who violates any provision of this title, the land use plan\nadopted by the commission, any regulation promulgated by the commission,\nor the terms or conditions of any order, permit, or determination issued\nby the commission pursuant to this title shall be liable for a civil\npenalty of not more than ten thousand dollars for each violation and an\nadditional civil penalty of not more than one thousand dollars for each\nday that such violation continues.\n 3. Criminal penalties. (a) For a violation that takes place in the\n"core preservation area" as defined in subdivision eleven of section\n57-0107 of this title, any person who willfully or intentionally\nviolates any provision of this title, the land use plan adopted by the\ncommission, any regulation promulgated by the commission, or the terms\nor conditions of any order, permit, or determination issued by the\ncommission pursuant to this title shall be guilty of a misdemeanor\npunishable by a fine of not more than twenty-five thousand dollars for\neach violation and an additional fine of not more than one thousand\ndollars for each day that such violation continues.\n (b) For a violation that takes place in the "compatible growth area"\nas defined in subdivision twelve of section 57-0107 of this title, any\nperson who willfully or intentionally violates any provision of this\ntitle, the land use plan adopted by the commission, any regulation\npromulgated by the commission, or the terms or conditions of any order,\npermit, or determination issued by the commission pursuant to this title\nshall be guilty of a misdemeanor punishable by a fine of not more than\nten thousand dollars for each violation and an additional fine of not\nmore than one thousand dollars for each day that such violation\ncontinues.\n 4. Additional remedies. (a) Alternatively, or in addition to an action\nseeking civil penalties or criminal fines or imprisonment as provided by\nsubdivisions two and three of this section, the commission, the Suffolk\ncounty district attorney or the attorney general may institute any\nappropriate action or proceeding to prevent, restrain, enjoin, correct,\nor abate any violation of, or to enforce, any provision of this title,\nthe land use plan adopted by the commission, any regulation promulgated\nby the commission, or the terms or conditions of any order, permit, or\ndetermination issued by the commission pursuant to this title. The court\nin which the action or proceeding is brought may order the person\nresponsible for the violation to take such affirmative measures as are\nnecessary to correct or remediate the violation. Such an action or\nproceeding may also seek restitution for any such violation.\n (b) In addition to the penalties set forth in subdivisions two and\nthree of this section, a police officer or peace officer may immediately\nimpound any all-terrain vehicle, as defined in section twenty-two\nhundred eighty-one of the vehicle and traffic law, provided that such\nseizure is conducted pursuant to section five hundred eleven-b of the\nvehicle and traffic law. A five hundred dollar surcharge may be added to\nany such impoundment.\n