A.Â
Where a violation of this chapter is determined to
exist, the Code Enforcement Officer shall serve notice by certified
mail, return receipt requested, on the owner, agent or contractor
of the building, structure or lot where such violation has been committed
or shall exist and on the lessee or tenant of the part of or of the
entire building, structure or lot where such violation has been committed
or shall exist and on the agent, architect, contractor or any other
such person who takes part or assists in such violation or who maintains
any building, structure or lot in which any such violation shall exist.
B.Â
Such notice shall require the removal of the violation
within 10 days after service of the notice.
C.Â
In cases where the removal of the violation within
10 days would be manifestly impossible, the Code Enforcement Officer
shall apply to the governing body of the municipality for a determination
as to a reasonable period of time within which such violation shall
be removed.
D.Â
If those persons notified shall fail to remove such
violation within the allotted time period, the Code Enforcement Officer
shall charge them with such violation of this chapter before the appropriate
court of law.
A.Â
A violation of this chapter is hereby declared to
be an offense punishable by a fine not to exceed $350 or imprisonment
for a period not to exceed six months, or both, for a conviction of
a first offense; for a conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
of not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and upon conviction of a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine of not less than $700 nor more
than $1,000 or imprisonment for a period not to exceed six months,
or both. However, for the purpose of conferring jurisdiction upon
the courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors, and, for such purposes only, all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
[Amended 11-5-1979 by L.L. No. 13-1979; 12-1-1997 by L.L. No. 6-1997]
B.Â
In addition to other remedies provided by law, any
appropriate action or proceeding, whether by legal process or otherwise,
may be instituted or taken to prevent the unlawful erection, construction,
reconstruction, alteration, repair, conversion, moving, maintenance
or use, to restrain, correct or abate such violation, to prevent the
occupancy of such building, structure or lot or to prevent any illegal
act, conduct, business or use in or about such premises.
