Any person who violates this chapter shall be subject to a penalty as indicated in § 21-21G. In addition, any property owner shall be assessed a fee and any cost to the Village of Brockport in expending money on account of the property owner's failure to comply with this chapter. The fees for picking up garbage or other compliance needs with the chapter shall be established from time to time by the Village Board of Trustees as contained in the Village of Brockport Fee Schedule.
After two successive violations of any of the provisions of
this chapter by a licensed waste collector, it shall be discretionary
in the judgment of the Village Board to revoke the license of said
violating collector.
A.
The Code Enforcement Officer of the Village of Brockport (and such
assistant code enforcement officers, collectively, the "code enforcement
officers" hereunder) is/are the official(s) authorized to enforce
the provisions of these articles by notice, ticketing, etc., or such
other enforcement procedure means and methods set forth in the Code,
or otherwise permitted by law.
B.
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 is authorized, in his
or her discretion, to issue a written notice of violation/violations
to the owner, owner's agent and/or resident or occupants, e.g.,
tenant/tenants.
C.
Informal compliance orders. The Code Enforcement Officer (or his
authorized inspector) is authorized, in his or her discretion, 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 the Uniform Code, or of this chapter. Upon finding that any such
condition or activity exists, the Code Enforcement Officer may, in
his or her discretion, issue an informal (voluntary) compliance order
either in writing or verbally.
D.
Compliance orders. The Code Enforcement Officer (or his authorized
inspector) is authorized, in his or her discretion, 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
or local law(s).
E.
Appearance tickets. The Code Enforcement Officer (or his authorized inspector) under the provisions of the Codes Office is authorized to issue appearance tickets for any violation(s) of the Uniform Code, or this chapter or local law(s). The Code Enforcement Officer (or his authorized Inspector) can issue appearance tickets foregoing § 21-21B and C, as per the authorization of Chapter 59, § 59-1. In no event shall the issuance of a compliance order or an informal compliance order be a prerequisite to issuance of an appearance ticket or to prosecution for a violation of this chapter.
F.
Each day a separate offense. Each day on which any violation of this
chapter occurs shall constitute one offense, and each successive day
of violation shall constitute a separate and distinct offense.
G.
Civil penalties. Any person, corporation or other entity who violates
the provisions of this chapter shall be guilty of a violation and
shall be subject to imprisonment not to exceed fifteen days or a fine
not to exceed $250 or both such fine and imprisonment. Each day of
continued violation shall constitute a separate offense.
[Amended 11-16-2015 by L.L. No. 1-2015]
H.
Injunctive relief. An action or proceeding may be instituted in the
name of the 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 this chapter.
I.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy 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 or in § 36-15, Structures unfit for human habitation, of Chapter 36, Code Enforcement, or any other article of the Code, or in any other state or local law, as applicable. 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 or § 36-15, Structures unfit for human habitation, in any other section of local law(s) 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.
