Town of Fort Edward, NY
Washington County
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It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, use or occupy any building or structure or portion thereof in violation of any provision of the New York Uniform Fire Prevention and Building Code or this chapter, as well as any regulation or rule promulgated by the Code Enforcement Official in accordance with applicable laws, or to fail in any manner to comply with a notice, directive or order of the Code Enforcement Official or to construct alter, use or occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. In the event of a violation and the failure to comply, neither a building permit nor a certificate of occupancy shall be issued. If a certificate of occupancy has been previously issued and thereafter a violation is found, the certificate shall be revoked if such violation is not remedied.
Whenever the Code Enforcement Official has reasonable grounds to believe that work on any building or structure is being done in violation of the applicable provisions of the code, or it is not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or the work is being done in an unsafe and dangerous manner, the owner of the property or the owner's agent shall be notified in the form of a stop order to stop all work. Such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing and shall state the conditions under which the work may be resumed. It may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building where the work is being performed and sending a copy of the order to him by certified mail at the address set forth in the building permit application if such application shall have been made.
Any person who shall fail to comply with a written order of the Code Enforcement Official within the time fixed for compliance and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of this chapter or any lawful order, notice, permit or certificate of the Code Enforcement Official shall be subject to a fine and/or penalty consistent with the provisions of Article 18, § 382, of the Executive Law of the State of New York and the penalties imposed under this chapter.
A. 
Any person, firm or corporation who violates any provision of the code or any rule or regulation of this chapter, or the terms or conditions of any building permit or any certificate of occupancy issued by the Code Enforcement Official shall be liable to a civil penalty of not more than two hundred fifty dollars ($250.) for each day or part thereof during which such violation shall be continued. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town Board on its own initiative or at the request of the Code Enforcement Official.
B. 
Alternatively or in addition to an action to recover the civil penalties provided by Subsection A of this section, the Town Board may institute any appropriate action or proceeding to present, restrain, enjoin, correct or abate any violation of or to enforce any provisions of the Uniform Code or the terms or conditions of any certificate of occupancy issued by the Code Enforcement Official.
C. 
Any person who shall willfully fail to comply with a written order of the Code Enforcement Officer within the time fixed for compliance herewith and any owner, builder, architect, tenant, contractor, subcontractor, plumber, construction superintendent or their agents or any other person taking part in assisting in the construction or use of any building who shall violate any of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificate of the Code Enforcement Official made thereunder or, in addition to any other remedies provided for in this chapter, any person who shall violate any of the provisions of this chapter, the Code or any rules or regulations adopted pursuant to this chapter or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder shall severally for each and every such violation be guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50.) nor more than two hundred fifty dollars ($250.) or by imprisonment for not more than thirty (30) days, or both fine and imprisonment. The imposition of one (1) penalty for any violation shall not excuse the violation nor permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that the prohibited condition(s) or violation continues shall constitute a separate offense. The imposition of any such penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction.