It shall be unlawful for any person, firm or
corporation to:
A.
Allow any building or land to be used or occupied
or any building or part thereof to be erected, moved, extended or
altered except in conformity with the regulations herein set forth
for the district in which it is located.
B.
Fail in any manner to comply with a written notice,
directive or order of the Director of Planning and Development.
C.
Construct, alter or use and occupy any building or
structure or portion thereof or use any land in a manner not permitted
by an approved plan or resolution of the Planning Board or the Zoning
Board of Appeals, where required.
[Amended 3-8-1999 by L.L. No. 1-1999[1]]
A.
A violation of this chapter is hereby declared to
be an offense punishable by:
(1)
A fine not to exceed $350 or imprisonment for a period
not to exceed six months, or both, for conviction of a first offense;
for a conviction of a second offense, both of which were committed
within a period of five years, 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, a fine not less
than $700 nor more than $1,000 or imprisonment for a period not to
exceed six months, or both. For the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
or of such ordinance or regulations adopted hereunder shall be deemed
misdemeanors and, for such purposes only, all provisions of law relating
to misdemeanors shall apply to such violations; or
(2)
A civil penalty not exceeding $350 for a first offense;
for a conviction of a second offense, both of which were committed
within a period of five years, a civil penalty of not less than $350
nor more than $700; and upon conviction for a third or subsequent
offense, all of which were committed within a period of five years,
a civil penalty not less than $700 nor more than $1,000.
B.
In case any building or structure is erected, constructed,
reconstructed, altered, converted or maintained, or any building,
structure or land is used, or any land is divided into lots, blocks
or sites in violation of this chapter, the Town, in addition to other
remedies, may institute any appropriate action or proceedings to prevent
such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance, use or division of land; to restrain, correct
or abate such violation; to prevent the occupancy of said building,
structure or land; or to prevent any illegal act, conduct, business
or use in or about such premises.
C.
Each week's continued violation shall constitute a
separate additional violation, for which separate and additional fines
and punishable or civil penalties may be imposed and recovered.
D.
In the event that the penalty sought is within the
monetary jurisdiction of the justice court, as established by Article
18 of the Uniform Justice Court Act, such action to recover such penalty
may, as shall be determined by the attorney representing the Town
of Salina, be commenced as a small claim pursuant to the provisions
of Article 18 of the Uniform Justice Court Act.
[1]
Editor's Note: This local law also provided
that it is the intent of the Town Board, pursuant to § 10
of the Municipal Home Rule Law, to supersede the provisions of § 268
of the TOwn Law relating to penalties for violations of land use regulations.
Whenever a violation of this chapter occurs,
any person may file a complaint in regard thereto. All such complaints
must be in writing and shall be filed with the Department of Planning
and Development, which shall properly record such complaints and immediately
investigate and report thereon to the Town Board, in accordance with
procedures established by such Department.
