[Amended 10-30-1985]
[Amended 7-13-1988 by L.L. No. 2-1988; 11-14-2007 by L.L. No.
2-2007]
A.
A violation of this chapter is hereby declared to
be an offense, punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both for conviction of a
first offense; for conviction of a second offense both of which were
committed within a period of five years, punishable by a fine not
less than $350 nor more than $700 or imprisonment for a period not
to exceed six months, or both; and, upon conviction for a third or
subsequent offense all of which were committed within a period of
five years, punishable by a fine 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 courts and
judicial officers generally, violations of this chapter shall be deemed
misdemeanors and for such purpose 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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
A person shall be subject to the penalties imposed
by this section in any case where an order to remedy any violation
of any of the provisions of this chapter has been served by the Building
Safety Inspector/Zoning Enforcement Officer upon the owner, general
agent, lessee or tenant of the building, or other structure or tract
of land, or any part thereof, or upon the architect, builder, contractor
or anyone who commits or assists in any such violation, and such person
shall fail to comply with such order within 10 days after the service
thereof. In addition to the foregoing remedies, the Town of Holland
may institute any appropriate action or proceeding to prevent or restrain
any violation of this chapter.
In the event of an alleged violation of this
chapter, an aggrieved person may file a complaint in regard thereto.
All such complaints must be in writing and shall be filed with the
Building Safety Inspector/Zoning Enforcement Officer, who thereafter
shall investigate the complaint and report thereon to the Town Board,
if appropriate.
An aggrieved person or persons, company or corporation
may initiate any proceedings provided by the New York Town Law regarding
the enforcement of this chapter. For purposes of this Article and
chapter, an "aggrieved person" is defined as one whose land is substantially
affected and materially depreciated by a decision of a Board of Zoning
Appeals or by a person charged with the enforcement of this chapter.
