[Added 8-27-2012 by L.L. No. 10-2012]
[1]
Editor's Note: Former Art. XIII, Administration and Enforcement, as amended, was repealed 5-24-2010 by L.L. No. 6-2010.
Any use of any land or any building which is conducted, operated or maintained contrary to any of the provisions of this chapter or of Chapter 53 (Building Construction and Fire Prevention) is hereby declared to be unlawful. Any owner, landlord, lessee, tenant, occupant, or the agent of any of them who violates or is accessory to the violation of any provisions of these chapters, as adopted or amended or who erects, constructs, alters, enlarges, converts, moves or uses any structure or uses any land in violation of the provisions of any detailed statement or plan submitted by said applicant and approved under the provisions of this chapter or Chapter 53, shall be guilty of a violation which is a punishable offense as provided by § 171-119.
A. 
Whenever, in the opinion of the Code Enforcement Officer after proper examination and inspection, there appears to exist a violation of any provision of this chapter or of Chapter 53 (Building Construction and Fire Prevention) or of any rule, regulation or condition adopted or imposed pursuant thereto, he shall serve a written notice of violation on the person or corporation committing or permitting the same. Such notice may be served personally or by certified mail addressed to the premises where such violation exists or by posting a copy of the same upon said premises. The notice of violation shall set forth:
(1) 
The nature and details of such violation.
(2) 
Recommended remedial action which if taken will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
(3) 
The date of compliance by which the violation must be corrected or remedied.
B. 
If such violation does not cease within such time as the Code Enforcement Officer may specify, he shall institute such of the actions hereinafter set forth as may be necessary to terminate the violation.
C. 
The Code Enforcement Officer may extend the date of compliance called for in a notice of violation after written application if, in his opinion, there is reasonable evidence of intent to comply and that reasonable conditions exist which prevent compliance by the specified date.
On reinspection following the expiration of the date of compliance as specified in the notice of violation, if the violation has been remedied or removed in accordance with the specified remedial action and there is no longer a violation of any provision of this chapter or of Chapter 53, then a certificate of compliance shall be issued by the Code Enforcement Officer.
A. 
On reinspection following the expiration of the date of compliance as specified in the notice of violation or as extended in accordance with § 171-116, if the remedial action specified has not been carried out and there is still in existence, in the opinion of the Code Enforcement Officer, a violation of a provision of this chapter, or of Chapter 53, then the Code Enforcement Officer shall immediately institute appropriate legal action to restrain, prevent, enjoin, abate, remedy or remove such violation and to take whatever other legal action is necessary to compel compliance with the Village Zoning, Building Construction and Fire Prevention Codes.
B. 
The Code Enforcement Officer is authorized to issue appearance tickets in Village Justice Court for any violation of the Village Zoning Code or any violation of the Building and Fire Prevention Codes.
A. 
Violation penalties.
(1) 
Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter or of Chapter 53 (Building Construction and Fire Prevention) shall, upon conviction, be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both.
(2) 
Each and every day a violation is continued shall be deemed a separate and distinct violation.
B. 
Civil penalties. In addition to those penalties prescribed in Subsection A hereof, any person who violates any provision of this chapter or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate, stop-work order, operating permit 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 $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Village.
C. 
Injunctive relief. An action or proceeding may be instituted in the name of the Village, 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, the Energy Code, this chapter or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate, stop-work order, operating 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 Building Code, the Energy Code, this chapter or any stop-work order, compliance order or other order obtained under the Uniform Building Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of this Village, 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 of such provisions.
D. 
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 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 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.