Village of Brockport, NY Article IV Administration

§ 20-34 Enforcement; penalties for offenses; other remedies; notification of noncompliance.

A. No structure shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $350 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Village of Brockport from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under §§ 20-32 and 20-33 will be declared noncompliant, and notification will be sent to the Federal Emergency Management Agency.

B. The Code Enforcement Officer of the Village of Brockport and such assistant CEOs (assistant code enforcement officers), collectively, the "code enforcement officers" hereunder, is/are the official(s) authorized to enforce the provisions of this chapter by notice, ticketing, etc., or such other enforcement procedure means and methods set forth in the Code or otherwise permitted by law.

C. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $350 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Village of Brockport from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under § 20-32 will be declared noncompliant, and notification will be sent to the Federal Emergency Management Agency.

§ 20-35 Notice of violations; compliance orders; appearance tickets; civil penalties.

A. Notice of violation. When the Village of Brockport determines that activity is not being carried out in accordance with the requirements of this chapter, the Code Enforcement Officer shall issue a written notice of violation/violations to the owner, owner's agent and/or resident, e.g., tenant/tenants.

B. Informal compliance orders. The Code Enforcement Officer is authorized to order, in writing, the remedying of any condition or activity found to exist in, on or about any building, structure or premises in violation(s) of this chapter. Upon finding that any such condition or activity exists, the Code Enforcement Officer can issue an informal (voluntary compliance) order, either in writing or verbally.

C. Compliance orders. The Code Enforcement Officer is authorized to order, in writing, the remedying of any condition or activity found to exist in, on or about any building, structure or premises in violation of this chapter. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a compliance order. The compliance order shall:

(1) Be in writing;

(2) Be dated and signed by the Code Enforcement Officer;

(3) Specify the condition or activity that violates this chapter;

(4) Specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity;

(5) Specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance;

(6) Direct that compliance be achieved within the specified period of time; and

(7) State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.

D. The Code Enforcement Officer shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by registered mail/certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any property manager or agent, builder, architect, tenant(s), contractor, subcontractor, construction superintendent, or their agents, or any other person(s) taking part or assisting in work or use being performed or occurring at the affected property, personally or by registered mail/certified mail; provided, however, that failure to serve any person(s) mentioned in this sentence shall not affect the efficacy of the compliance order.

E. Appearance tickets. The Code Enforcement Officer and each inspector under the provisions of the Codes Office are authorized to issue appearance tickets for any violation of this chapter when, in the opinion of the Code Enforcement Officer and/or each inspector, there have been aggressive ongoing violation/violations of this chapter that materially affect either life-safety or person/persons and/or the public, or the property is unsanitary and/or made a hazardous/unsafe structure or equipment condition. The Code Enforcement Officer and/or each inspector can issue appearance tickets for the forgoing pursuant to Chapter 36, § 36-27E, as per the authorization of Chapter 59, § 59-1.

[Amended 6-2-2014 by L.L. No. 2-2014]

F. Civil penalties. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, this chapter, or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate, floodplain development permit, stop-work order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter shall be liable to a civil penalty of not more than $350 for each day or part thereof during which such violation continues. Each day on which any violation of any of the provisions of this chapter occurs shall constitute one offense and each successive day of violation shall constitute a separate and distinct offense. Upon conviction of any such violation, such person, partnership or corporation shall be punished by a fine of not more than $350 for each offense. In addition to any other penalty authorized by this section, any person, partnership or corporation convicted of violating any of the provisions of this chapter shall be required to bear the expense of such compliance. Any person who violates the provisions of this chapter shall be subject to 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 purposes 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. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Village of Brockport.

G. Injunctive relief. An action or proceeding may be instituted in the name of this Village of Brockport in a court of competent jurisdiction to prevent, restrain, enjoin, correct or abate any violation of or to enforce any provision of the Uniform Code, this chapter or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate, stop-work order, floodplain development permit, compliance order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code or this chapter or any stop-work order, compliance order or other order obtained under the Uniform Code or this chapter an action or proceeding may be commenced in the name of the Village of Brockport, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation(s) of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Board of Trustees of this Village of Brockport.

H. Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section; in § 20-18 (Stop-work orders) of this chapter; in any other section of this chapter; or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 20-18 (Stop-work orders) of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision 2 of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision 2 of § 382 of the Executive Law.

§ 20-36 Severability; effect on other provisions.

A. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this chapter shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter, which shall continue in full force and effect, and to this end the provisions of this chapter are hereby declared to be severable.

B. Saving clause. This chapter shall not affect violations of any other ordinance, code or regulation of the municipality existing prior to the effective date hereof, and any such violation shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.