[Adopted 9-12-1983 by L.L. No. 1-1983 as §§ 1-3,
1-4 and 1-5 of the 1983 Code]
[Amended 1-21-1997 by L.L. No. 3-1997; 11-22-2004 by L.L. No. 12-2004; 11-13-2019 by L.L. No. 3-2019]
A.
Whenever in this Code or in any local law or resolution of the Village any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code, local law or resolution the doing of any act is required or the failure to do any act is declared to be unlawful, and where no fine or term of imprisonment is otherwise specifically set forth, the violation of any provisions of this Code or any such local law or resolution shall be punished by a fine not exceeding $1,500 per day of violation or by imprisonment not exceeding 15 days in the county jail, or both. In addition, Subsection C shall also apply.
B.
In addition to the fine or penalty provided, any condition caused
or permitted to exist in violation of any of the provisions of this
Code or any such local law or resolution shall be deemed a public
nuisance and may be abated by the Village as provided by law, and
each day that such condition continues shall be regarded as a new
and separate violation.
C.
If any offender of any provision of a local law in the Code of East
Hills is found guilty of violating the same provision of the Code
of East Hills three or more times within a twelve-month period, the
fine provided by statute per day of violation shall be doubled. If
an offender is found guilty of violating the same provision of the
Code of East Hills four or more times within a twelve-month period,
then the fine provided by statute per day shall be tripled. The twelve-month
period begins on the date of the first violation.
[Amended 1-21-1997 by L.L. No. 3-1997]
In all cases where the same offense may be made punishable or
shall be created by different clauses or sections of the local laws
of the Village, the prosecuting officer may elect under which to proceed,
but not more than one recovery or penalty shall be had or imposed
against the same person for the same offense.
Obedience to the provisions hereinafter set forth may be enforced by criminal information for the penalties herein prescribed as well as by prosecution of the offender as provided in § 1-16, by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this Code. Neither a judgment in nor the pendency of a criminal prosecution for an alleged violation of the provisions of this Code, nor a judgment in or the pendency of a civil action at law or in equity, shall be a bar to the other form of proceeding. The imposition of a penalty for a violation of this Code shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.
[Added 6-23-2008 by L.L. No. 2-2008]
Whenever any fine or penalty has been entered in the Incorporated
Village of East Hills Justice Court against a resident(s) of East
Hills for a violation(s) of this Code or any local law(s) and the
fine(s) or penalty(ies) and any accrued interest remains unpaid, then
all park privileges regularly afforded to the resident(s) under this
Code and all other applicable local laws shall immediately be suspended
until all fines, penalties and interest are paid in full. During any
period in which a lawful appeal is taken pursuant to local law or
other applicable statute, the Incorporated Village of East Hills shall
accept as a deposit from the resident(s) an amount equal to three
times the total amount of all fines and penalties, and three times
the accrued interest due and owing. The Village Clerk shall hold the
deposit to pay all ultimate fines and penalties and all interest which
accrues. Once the security is posted with the Village Clerk, park
privileges shall not be suspended until a resolution by of the appeal.
After a resolution of the appeal, if inadequate funds remain to pay
the indebtedness that is assessed, all park privileges against the
resident(s) shall, once again, be suspended until all fines, penalties
and interest are paid in full.
