[HISTORY: Adopted by the Board of Trustees
of the Village of Minoa 3-20-2000 by L.L. No. 1-2000. Amendments noted where applicable.]
[Amended 6-4-2007 by L.L. No. 5-2007]
A.Â
In addition to the fines, remedies and penalties set forth below, or otherwise in the Code of the Village of Minoa, and notwithstanding any provision of § 1-17 of the Village Code or this Chapter 113 to the contrary or otherwise, the penalty for any infraction of any chapter of this Code which specifies that such an infraction shall be a violation (but which does not specify a penalty) shall be a fine of not less than $75 and not more than $250 or imprisonment of not more than 15 days, or both.
[Amended 12-19-2016 by L.L. No. 8-2016]
B.Â
In addition to the fines, remedies and penalties set forth below, or otherwise in the Code of the Village of Minoa, and notwithstanding any provisions of § 1-17 of the Village Code or this Chapter 113 to the contrary or otherwise for any violation of the following relating to the condition use, occupancy and/or possession of real property or improvements thereon, under Chapter 51 to the extent not otherwise specifically provided therein; Chapters 63, 75, 124, 127, 132, 136, 140, 151, 155 and 160 et seq. of the Village Code or under the New York State Property Maintenance Code (NYCRR 1226.1) where: the owner, occupant or other person having the possession or control of any such lot or land shall have been previously personally served with a notice to comply with the provisions hereof, or if no such person can be found, by a posting of such notice on the premises and mailing a copy of the notice to the premises or the owner thereof as shown on the current tax roll for Village Taxes; and such owner, occupant or other person having the possession or control of any such lot or land shall have failed, neglected, or refused to comply with the provisions hereof within five days after the notice was sent or served; and the Village shall have expended moneys to cure such violation(s) where a danger to the public health and safety existed as a result of such violation; the Village may assess the cost of curing such violation, plus a service charge of 30% thereof to cover the cost of supervision and administration, against the property, to be levied, enforced and collected in the same manner as Village taxes, by the same proceedings, at the same time, with the same penalties and having the same effect as a lien upon the property as general Village taxes.
In addition to the remedies and penalties set
forth below, the penalty for any infraction of any chapter which specifies
that such an infraction shall be a misdemeanor (but which does not
set forth a penalty) shall be a fine of not less than $100 and not
more than $1,000 or imprisonment of not more than one year, or both.
Each day an infraction of any provision of this
Code shall continue, after notice of such infraction from the village
or from an officer or employee of the village, shall be considered
a separate offense.
In addition to the fines and penalties set forth
above, the village shall have all other remedies available at law
and in equity, including, without limitation, the right to obtain
injunctive relief. In addition, if the village incurs injury to its
property or incurs a loss of revenue as a result of any infraction
or violation of any of the provisions of this Code, the village shall
be entitled to recover restitution from the person or entity which
committed such infraction. In addition, as a civil penalty, the village
shall be entitled to recover any and all costs it incurs in connection
with any action or proceeding related to such infraction or the recovery
of restitution, including but not limited to court costs, and attorney
and expert fees and disbursements.
The fines for a person who realized a gain from
violating the terms of this Code shall be the higher of: (a) the amount
set forth elsewhere in this Code; or (b) any higher amount not exceeding
double the amount of such person's gain from the commission of the
offense. As used in this section, the term "gain" means the amount
of money or the value of property derived from the commission of the
offense less the amount, if any, of money or the value of property
returned to the victim, if any, of the crime or seized by or surrendered
to lawful authority prior to the time sentence is imposed. If the
court imposes a fine based upon the gain of the person convicted of
violating the terms of this Code, the court shall make a finding as
to the amount of that person's gain from the offense and if the record
does not contain sufficient evidence to support such a finding, the
court may conduct a hearing upon such issues.
In the event that any construction upon real property within the village is contemplated, the Codes Enforcement Officer shall not issue a building permit or a certificate of occupancy unless and until the proposed construction complies with the Site Plan Review Chapter (Chapter 127), the Subdivision of Land Chapter (Chapter 140), the Flood Damage Prevention Chapter (Chapter 75) and the Zoning Chapter (Chapter 160). If any construction shall have been commenced and such construction, or the real property upon which it is taking place, is in violation of the above referred to chapters or any other provision of this Code, the Codes Enforcement Officer shall issue a stop-work order. In the event that any land is conveyed in violation of the Subdivision of Land Chapter (Chapter 140), no building permit, certificate of occupancy or any other certificate shall be issued in connection with such property unless and until such real property shall be subdivided as required under Chapter 140.
Notwithstanding anything to the contrary provided
in this Code, it shall be a misdemeanor for a person to commit any
act or omission knowing it to be a violation of this Code.
If any term or provision of this chapter or
the application thereof to any person or circumstance shall to any
extent be invalid or unenforceable, the remainder of this chapter,
or the application of such term or provision to persons or circumstances
other than those as to which it was held invalid or enforceable, shall
not be affected thereby, and each such remaining term and provision
of this chapter shall be valid and shall be enforced to the fullest
extent permitted by law.
