[HISTORY: Adopted by the Board of Trustees of the Village of Malverne 2-2-2005 by L.L. No. 1-2005 (Ch. 49-A of the 1972 Code). Amendments noted where applicable.]
No person acting as a real estate broker, agent and/or salesperson, whether or not licensed by the State of New York, shall knowingly facilitate the use or occupancy of a detached dwelling or a two-family attached residence building in a manner which violates the use or occupancy of such dwelling or building which is permitted by the certificate of occupancy or certificate of existing use issued by the Building Inspector, Assistant Building Inspector and/or Acting Building Inspector, for it or in a manner which violates the permitted use or occupancy of such dwelling or building under the Malverne Village Code. A person shall be deemed to facilitate a use or occupancy by, among other things, advertising or listing a dwelling or building, showing a dwelling or building to a prospective user or occupant or otherwise soliciting or encouraging another person to use or occupy a dwelling or building. Upon the conviction of a licensed broker, agent or salesperson for a violation of this section, in addition to the penalties provided for in this chapter, the Clerk of the Malverne Justice Court shall forward a record of such conviction to the New York Department of State's licensing bureau.
Any person, corporation, company, partnership, firm or other legal entity violating any of the provisions of this chapter shall commit an offense, the fine for which shall not exceed $2,000 for each offense. Each separate advertising or listing of a dwelling or building, and/or showing of a dwelling or building to a prospective user or occupant in violation of this chapter shall constitute a separate offense.
Unless otherwise provided, the provisions of this chapter shall be administrated and enforced by the Building Inspector, Deputy Building Inspector, Interim Building Inspector, Assistant Building Inspector and any sworn police officer.
Whenever any provision of this chapter is in conflict with any other provision of this chapter or any other statute or local law applicable or covering the same subject matter, the most restrictive provision or the one imposing the highest standard shall govern and be supreme.