It shall be unlawful for any person, firm or
corporation to construct, alter, repair, move, remove, demolish, equip,
use, occupy or maintain any building, structure or portion thereof
in violation of any provision of this chapter or fail in any manner
to comply with a notice, directive or order of the Building Inspector
or to construct, alter, use or occupy any building, structure or part
thereof in any manner not permitted by an approved building permit
or certificate of occupancy.
[Amended 7-25-1996 by L.L. No. 7-1996]
Any person who shall fail to comply with a written
order of the Building Inspector within five days following written
notice served by mail or by personal service by the Building Inspector
that a violation of any provision of this chapter exists, and any
owner, builder, architect, tenant, contractor, subcontractor, construction
superintendent or their agents or any 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, directive, permit or certificate shall be guilty of a violation
and, upon conviction thereof, shall be subject to a fine of not less
than $50 per day or imprisonment for a period not to exceed six months,
or both, and in addition shall pay all costs and expenses incurred
by the Town in determining such violation. Each and every day that
such violation continues shall constitute a separate violation. Any
violation that is only temporarily corrected shall constitute a continuation
of the original violation and be punishable accordingly without the
necessity of reservice of a notice to remedy said violation.
Penalties shall be collected and violations
of this chapter shall be prosecuted in the manner prescribed by law
or ordinance effective in the Town of Wallkill.
Except as provided otherwise by law, such violation
shall not be a crime and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness, or otherwise, of any person convicted
thereof.
[Amended 7-25-1996 by L.L. No. 7-1996]
This section shall not apply to violations of
the provisions of the State Building Construction Code punishable
under § 382 of the Executive Law of the State of New York,
nor to violations of the provisions of the Multiple Residence Law
punishable under § 304 of the Multiple Residence Law of
the State of New York.
Appropriate actions and proceedings may be taken
at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct
or business in or about any premises; and these remedies shall be
in addition to the penalties prescribed in the preceding section.
