[HISTORY: Adopted by the Town Board of the
Town of Tully 7-11-2007 by L.L. No. 5-2007. Amendments noted where
applicable.]
This Chapter 203 shall be known as the "Penalties Provisions of the Town of Tully."
A.Â
In addition to the fines, remedies and penalties set forth below, or otherwise in the Code of the Town of Tully, or in this Chapter 203 to the contrary or otherwise, the penalty for any infraction of any chapter of this Code which specifies that such an infraction shall be a violation (but which does not specify a penalty) shall be a fine of not less than $25 and not more than $250 or imprisonment of not more than 15 days, or both.
B.Â
Assessment of costs.
(1)Â
In addition to the fines, remedies and penalties set forth herein, or otherwise in the Code of the Town of Tully, or in this Chapter 203 to the contrary or otherwise, for any violation of the following relating to the condition use, occupancy and/or possession of real property or improvements thereon, under Chapter 136 to the extent not otherwise specifically provided therein; and Chapters 149, 162, 210, 234, 245 and 280 of the Town Code or under the New York State Property Maintenance Code (19 NYCRR 1226.1) where:
(a)Â
The owner, occupant or other person having the
possession or control of any such lot or land shall have been previously
personally served with a notice to comply with the provisions hereof,
or if no such person can be found, by a posting of such notice on
the premises and mailing a copy of the notice to the premises or the
owner thereof as shown on the current tax roll for Town taxes; and
(b)Â
Such owner, occupant or other person having
the possession or control of any such lot or land shall have failed,
neglected, or refused to comply with the provisions hereof within
five days after the notice was sent or served; and
(c)Â
The Town shall have expended moneys to cure
such violation(s) where a danger to the public health and safety existed
as a result of such violation.
(2)Â
The Town may assess the cost of curing such violation,
plus a service charge of 30% thereof to cover the cost of supervision
and administration, against the property, to be levied, enforced and
collected in the same manner as Town taxes, by the same proceedings,
at the same time, with the same penalties and having the same effect
as a lien upon the property as general Town taxes.
In addition to the remedies and penalties set
forth below, the penalty for any infraction of any chapter which specifies
that such an infraction shall be a misdemeanor (but which does not
set forth a penalty) shall be a fine of not less than $100 and not
more than $1,000 or imprisonment of not more than one year, or both.
Each day an infraction of any provision of this
Code shall continue, after notice of such infraction from the Town
or from an officer or employee of the Town, shall be considered a
separate offense.
In the event that any chapter of this Code shall
not designate the classification for an offense thereof or such offense
is not otherwise classified under NYS law as a misdemeanor or felony,
such offense shall be a violation.
In addition to the fines and penalties set forth
above, the Town shall have all other remedies available at law and
in equity, including, without limitation, the right to obtain injunctive
relief. In addition, if the Town incurs injury to its property or
incurs a loss of revenue as a result of any infraction or violation
of any of the provision of this Code, the Town shall be entitled to
recover restitution from the person or entity which committed such
infraction. In addition, as a civil penalty, the Town shall be entitled
to recover any and all costs it incurs in connection with any action
or proceeding related to such infraction or the recovery of restitution,
including but not limited to court costs, and attorney and expert
fees and disbursements.
The fines for a person who realized a gain from
violating the terms of this Code shall be the higher of: the amount
set forth elsewhere in this Code, or any higher amount not exceeding
double the amount of such person's gain from the commission of the
offense. As used in this section, the term "gain" means the amount
of money or the value of property derived from the commission of the
offense less the amount, if any, of money or the value of property
returned to the victim, if any, of the crime or seized by or surrendered
to lawful authority prior to the time sentence is imposed. If the
court imposes a fine based upon the gain of the person convicted of
violating the terms of this Code, the court shall make a finding as
to the amount of that person's gain from the offense and if the record
does not contain sufficient evidence to support such a finding, the
court may conduct a hearing upon such issues.
In the event that any construction upon real property within the Town is contemplated, the Code Enforcement Officer shall not issue a building permit or a certificate of occupancy unless and until the proposed construction complies with the Chapter 245, Subdivision of Land, Chapter 162, Flood Damage Prevention, and Chapter 280, Zoning. If any construction shall have been commenced and such construction, or the real property upon which it is taking place, is in violation of the above-referred chapters or any other provisions of this Code, the Code Enforcement Officer shall issue a stop-work order. In the event that any land is conveyed in violation of Chapter 245, Subdivision of Land, no building permit, certificate of occupancy or any other certificate shall be issued in connection with such property unless and until such real property shall be subdivided as required under Chapter 245.
Notwithstanding anything to the contrary provided
in this Code, it shall be a misdemeanor for a person to commit any
act or omission knowing it to be a violation of this Code.
