Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
A. 
The following shall be empowered to administer and to enforce this chapter: the Town's Director of Development, its Building Inspector, its Zoning Administrator, and/or the Town Board. Each shall have the power, but not the obligation, to issue notices to cease and desist from violations. Each shall have the power to issue appearance tickets.
B. 
All land use or building approvals, permits or certificates issued by any Town officer, board or agency shall include consideration, before issuance, of how compliance with the terms of this chapter might be promoted by way of the attachment of conditions or otherwise. This subsection does not in any way limit the prohibition on issuance of certificates of occupancy set forth in §§ 11-4 and 11-5 of this chapter in the absence of compliance with the requirements of this chapter.
C. 
Each person who or entity which violates, or causes the violation of, any provisions of this chapter, or disobeys a notice to cease violations of this chapter, shall be deemed to have committed a violation punishable to the extent provided in this State's Penal Law and/or Criminal Procedure Law. Each day's continuing violation shall be deemed a separate violation.
D. 
In addition to the penalties prescribed for commission of a violation(s), any person who or entity which violates, or causes a violation of, any provisions of this chapter, or disobeys a notice to cease violations of this chapter, shall be subject to the following cumulative civil remedies afforded to the Town:
(1) 
A civil penalty, recoverable in an action authorized to be commenced by the Town Board, of not more than $300 for each day or portion of a day each such violation continues;
(2) 
The Town Board may also authorize the maintenance of claims or causes of action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter, including the equitable remedy of recission; and
(3) 
In the event it prevails in the civil action, the Town shall be entitled to recover its reasonable and necessary attorney's fees in an amount to be determined by the court.