It shall be unlawful for any owner to construct, alter, repair, remove, move, demolish, equip, use, occupy or maintain any building, lot of record or structure or portion thereof in violation of any provisions of the codes and/or this chapter, or fail in any manner to comply with any notice, directive or order of the Code Enforcement Officer or to construct, alter or use and occupy any building, lot of record or structure or part thereof in a manner not permitted by the codes and/or this chapter.
Any condition caused or permitted to exist in violation of any of the provisions of the codes and/or this chapter shall be deemed a public nuisance and shall be abated as such by the owner in accordance with the codes and/or this chapter.
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, structures, or premises in violation of the codes or this chapter. An order to remedy shall be in accordance with the following:
A. 
Be in writing.
B. 
Include a description of the lot of record sufficient for identification.
C. 
Shall specify the condition and/or activity that violates the codes and/or this chapter.
D. 
Shall specify the provision(s) of the codes and/or this chapter which is/are violated by the specified condition and/or activity.
E. 
Shall include a statement substantially similar to the following: "The person or entity served with this order to remedy must completely remedy each violation described in this order to remedy by _____ (specify date), which is 30 calendar days after the date of this order to remedy."
F. 
May include provisions ordering the person or entity served with this order to:
(1) 
Begin to remedy the violation(s) described in the order to remedy immediately or within some other specified time which may be less than 30 days; to continue diligently to remedy such violation(s) until each violation is fully remedied; and, in any event, to complete the remedying such violation(s) within 30 days of the date of this order; and/or
(2) 
Take such other protective actions such as but not limited to vacating the building which are authorized by this chapter or by any other law, and which the Code Enforcement Officer may deem appropriate, during the period while such violation(s) are being remedied.
G. 
Inform the owner of the right to appeal.
H. 
Include a statement of any applicable penalties and the right to file a lien in accordance with this chapter.
I. 
Shall be dated and signed by the Code Enforcement Officer.
The Code Enforcement Officer shall cause the order to remedy, or a copy thereof, to be served on the owner of the affected lot of record within five business days after the date of this order. An order to remedy shall be deemed to be properly served if a copy thereof is:
A. 
Delivered to the owner personally; or
B. 
Sent by certified mail addressed to the owner at the last known address with the return receipt requested; or
C. 
If this order is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the lot of record and/or structure located therein that is affected by this order.
An order to remedy issued or served as provided by this article shall be complied with by the owner, operator, occupant or other person responsible for the condition of violation to which the order to remedy pertains.
The Code Enforcement Officer has the authority to enter into a written voluntary compliance agreement with the owner to gain voluntary compliance in correcting a violation. The agreement shall include time limits for compliance and shall be binding on the owner. The Code Enforcement Officer shall abate further processing of the violation during the time allowed in the voluntary compliance agreement for the completion of the necessary corrective action. The Code Enforcement Officer shall take no further action concerning the violation if all terms of the voluntary compliance agreement are satisfied, other than steps necessary to terminate the waiver. The failure to comply with any term of the voluntary compliance agreement constitutes a separate violation and shall be handled in accordance with the procedures established by this chapter, except no further notice after the voluntary compliance agreement has been signed need be given before the Code Enforcement Officer may also proceed on the violation that gave rise to the voluntary compliance agreement.
A. 
General. The Code Enforcement Officer is authorized to issue appearance tickets for any violation of the codes or this chapter upon obtaining authorization by the Town Board as required by § 65 of the Town Law of NYS, as currently in effect and as hereafter amended from time to time, or any successor rules, regulations or statutes. This appearance ticket shall comply with § 150.10 of the Criminal Procedures Law of NYS, as currently in effect and as hereafter amended from time to time, or any successor rules, regulations or statutes.
B. 
Supporting deposition. Notwithstanding any provision of law to the contrary, where a person is served with an appearance ticket, such appearance ticket shall contain the language, set forth in Subdivision (4) of § 100.25 of the Criminal Procedures Law of NYS, as currently in effect and as hereafter amended from time to time, or any successor rules, regulations or statutes, notifying the person of his/her/their right to receive a supporting deposition.
An action or proceeding may be instituted in the name of this Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the codes, this chapter, or any term or condition of any building permit, certificate of compliance and/or occupancy, temporary certificate, stop-work order, operating permit, order to remedy, 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 codes, this chapter, or any stop-work order, order to remedy or other order issued under or permit or certificate obtained pursuant to the codes or this chapter, an action or proceeding may be commenced in the name of this Town, 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. No action or proceeding described in this section shall be commenced without the appropriate authorization from the Town Board.
If the order to remedy is not complied within the period of time prescribed within such notice, the Code Enforcement Officer is authorized to request the Town Board to authorize the Town Attorney to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful building, structure and/or use in violation of the provisions of this chapter or of the order or direction made pursuant thereto.
A. 
Civil penalty. Any person who undertakes any action regulated by this chapter, or who violates, disobeys or disregards any provision of this chapter, shall be liable to the Town for a civil penalty not to exceed $300 per day for every such violation. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of this Town.
B. 
Criminal penalty. Any violation of any part of this chapter shall constitute a violation as defined in the Penal Law of NYS and shall be punishable by a fine not to exceed $250 or 15 days' imprisonment, or both such fine and/or imprisonment. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense. The criminal penalties provided by this subsection shall be recoverable in an action instituted in the name of this Town.
C. 
Restoration. A court of competent jurisdiction may order or direct a violator to restore the affected land to its condition prior to the offense, insofar as that is possible. The court shall specify a reasonable time for the completion of such restoration, which shall be under the inspection of the Code Enforcement Officer.
No remedy or penalty specified in this article shall be the exclusive remedy or penalty available to address any violation described in this article, and each remedy or penalty specified in this article shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this article, in any other section of this chapter, or in any other pertinent law. Any remedy or penalty specified in this article may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this article, in any other section of this chapter, or in any other pertinent law. In particular, but not by way of limitation, each remedy and penalty specified in this article shall be in addition to, and not in substitution for or limitation of, the penalties specified in § 382 of the Executive Law of NYS as currently in effect and as hereafter amended from time to time or any successor rules, regulations or statutes, 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 § 382 of the Executive Law of NYS, as currently in effect and as hereafter amended from time to time, or any successor rules, regulations or statutes.