2006 New York Code - Penalties And Enforcement.

 
  § 57-0136. Penalties and enforcement.
    1. Violations. (a) All of the rights and remedies provided for in this
  section  are  in addition to all of the rights and remedies available to
  the villages and towns located within the "Central Pine Barrens Area" as
  specifically defined in subdivision  ten  of  section  57-0107  of  this
  article. All of the rights and remedies provided for in this section are
  in  addition to all of the rights and remedies available to the attorney
  general as provided for in state law.
    (b) With respect to any land  use  conduct  within  the  Central  Pine
  Barrens  Area  that  violates  any provision of an applicable village or
  town law, the responsibility for enforcement of such violation shall lie
  with the applicable village or town in the first  instance  as  provided
  for  in  the  laws  of  the  respective  town or village. The applicable
  village or town shall provide written notice to the  commission  of  all
  such  enforcement  efforts.  In the event the applicable village or town
  does not commence an enforcement  action  within  sixty  days  from  the
  receipt  of  a  written  notice to the applicable village or town of any
  land use conduct within the Central Pine Barrens Area that  may  violate
  any  provision  of an applicable village or town law, the commission, or
  the attorney general at the request of the commission or upon his or her
  own initiative, may institute enforcement action for such  violation  as
  set forth in subdivisions two, three and four of this section.
    (c)  With  regard  to any violation of this article, the land use plan
  adopted by the commission, any regulation promulgated by the commission,
  or  any  order,  determination  or  permit  condition  issued   by   the
  commission, there shall be independent jurisdiction among the village or
  town in which such violation occurred or is occurring to investigate and
  prosecute  such  violation  as  set forth in subdivisions two, three and
  four of this section. The commission or  the  attorney  general  at  the
  request  of the commission or upon the attorney general's own initiative
  shall also have independent jurisdiction to  investigate  and  prosecute
  such  violation as set forth in subdivisions two, three and four of this
  section.
    The party initiating such a prosecution shall consult with  the  other
  governmental  entities  named  in this section before initiating such an
  action, except in a case involving  a  threat  of  irreparable  harm  or
  imminent  violation or repeated violations of this article, the land use
  plan adopted by  the  commission,  any  regulation  promulgated  by  the
  commission,  or  any  order, determination or permit condition issued by
  the commission.
    (d) With regard to any  land  use  conduct  within  the  Central  Pine
  Barrens  Area  that is a violation of the applicable village or town law
  in addition to being a violation of the specific  requirements  of  this
  article,  the  land  use plan adopted by the commission, or the terms or
  conditions  of  any  order,  permit  or  determination  issued  by   the
  commission,  the  commission,  or the attorney general at the request of
  the village or town, may jointly institute with the village and town  an
  enforcement  action  as set forth in subdivisions two, three and four of
  this section. In such event, any penalties or fines collected  shall  be
  deposited  with  the  applicable  village  or town to be maintained in a
  segregated account to be used exclusively for the  acquisition  of  real
  property   or  transferable  development  rights  interests  or  capital
  projects associated with enhancement and/or restoration of  the  natural
  resources and ecosystems located within the Central Pine Barrens Area.
    2.  Civil penalties. (a) For a violation that takes place in the "core
  preservation area" as defined in subdivision eleven of  section  57-0107
  of  this article, any person who violates any provision of this article,
  the land use plan adopted by the commission, any regulation  promulgated
  by  the  commission, or the terms or conditions of any order, permit, or
  determination issued by the commission pursuant to this article shall be
  liable for a civil penalty of not more than twenty-five thousand dollars
  for  each violation and an additional civil penalty of not more than one
  thousand dollars for each day that such violation continues.
    (b) For a violation that takes place in the "compatible  growth  area"
  as defined in subdivision twelve of section 57-0107 of this article, any
  person  who  violates  any  provision of this article, the land use plan
  adopted by the commission, any regulation promulgated by the commission,
  or the terms or conditions of any order, permit, or determination issued
  by the commission pursuant to this article shall be liable for  a  civil
  penalty  of not more than ten thousand dollars for each violation and an
  additional civil penalty of not more than one thousand dollars for  each
  day that such violation continues.
    3.  Criminal  penalties.  (a)  For a violation that takes place in the
  "core preservation area" as defined in  subdivision  eleven  of  section
  57-0107  of  this  article,  any  person  who willfully or intentionally
  violates any provision of this article, the land use plan adopted by the
  commission, any regulation promulgated by the commission, or  the  terms
  or  conditions  of  any  order,  permit,  or determination issued by the
  commission pursuant to this article shall be  guilty  of  a  misdemeanor
  punishable  by  a fine of not more than twenty-five thousand dollars for
  each violation and an additional fine of  not  more  than  one  thousand
  dollars for each day that such violation continues.
    (b)  For  a violation that takes place in the "compatible growth area"
  as defined in subdivision twelve of section 57-0107 of this article, any
  person who willfully or intentionally violates  any  provision  of  this
  article,  the  land  use  plan adopted by the commission, any regulation
  promulgated by the commission, or the terms or conditions of any  order,
  permit,  or  determination  issued  by  the  commission pursuant to this
  article shall be guilty of a misdemeanor punishable by  a  fine  of  not
  more than ten thousand dollars for each violation and an additional fine
  of  not  more than one thousand dollars for each day that such violation
  continues.
    4. Additional remedies. Alternatively, or in  addition  to  an  action
  seeking civil penalties or criminal fines or imprisonment as provided by
  subdivisions  two  and  three  of  this  section, the commission, or the
  attorney general may institute any appropriate action or  proceeding  to
  prevent,  restrain,  enjoin,  correct,  or abate any violation of, or to
  enforce, any provision of this article, the land use plan adopted by the
  commission, any regulation promulgated by the commission, or  the  terms
  or  conditions  of  any  order,  permit,  or determination issued by the
  commission pursuant to this article. The court in which  the  action  or
  proceeding is brought may order the person responsible for the violation
  to  take  such  affirmative  measures  as  are  necessary  to correct or
  remediate the violation. Such an action  or  proceeding  may  also  seek
  restitution for any such violation.