A.
Penalties for offenses.
[Amended 1-22-1986 by L.L. No. 1-1986]
(1)
Any person committing a first offense against any of the provisions
of this chapter shall be guilty of a violation under the Penal Law
and, upon conviction thereof, shall be punishable by a fine of not
to exceed $250 or by imprisonment for not more than 15 days, or by
both a fine and imprisonment.
(2)
Any person committing a second offense against any of the provisions
of this chapter shall be guilty of a Class B misdemeanor under the
Penal Law and, upon conviction thereof, shall be punishable by a fine
of not to exceed $500 or by imprisonment for not more than three months,
or by both a fine and imprisonment.
(3)
Any person committing a third or any subsequent offense against the
provisions of this chapter shall be guilty of a Class A misdemeanor
under the Penal Law and, upon conviction thereof, shall be punishable
by a fine of not to exceed $1,000 or by imprisonment for not more
than one year, or by both a fine and imprisonment.
B.
Remedies. If any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained, or if any building, structure
or land is used, in violation of this chapter, any appropriate action
or proceeding, whether by legal process or otherwise, may be instituted
or taken, in addition to other remedies provided by law, to prevent
such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use; to restrain, correct or abate
such violation; to prevent the occupancy of said building, structure
or land; or to prevent any illegal act, conduct, business or use in
or about such property.
C.
Whenever a violation of this chapter occurs, any person may file
a complaint in regard thereto. All such complaints must be in writing
and shall be filed with the enforcement officer, who shall properly
record such complaint and immediately investigate any report hereon.
[Amended 11-15-1977; 1-9-1985; 1-22-1986 by L.L. No. 1-1986]
Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with this chapter, it may grant waivers of §§ 88-12F(3)(d), 88-14A(2) and 88-14C(1)(g), (h) and (i), so that substantial justice may be done and the public interest secured, provided that such waivers will not have the effect of nullifying the intent and purpose of the Master Plan, Zoning Ordinance[1] or this chapter. No waivers shall be granted for percolation
tests on lots less than five acres in size.
