It shall be unlawful for any person, firm or
corporation to construct, alter, repair, move, remove, demolish, equip,
use, occupy or maintain any plot, building or portion thereof in violation
of any provision of this chapter or to fail in any manner to comply
with a notice, directive or order of the Building Inspector, or to
construct, alter or use and occupy any plot, building or structure
or part thereof in a manner not permitted by an approved building
permit or certificate of occupancy.
A.
Any person who shall fail to comply with a written
order of the Building Inspector within the time fixed for compliance
therewith (including the time period for an appeal to the Zoning Board
of Appeals), who shall violate any of the applicable provisions of
this chapter or any lawful order, notice, directive, permit or certificate
of the Building Inspector made thereunder, shall be punishable by
a fine of not exceeding $2,500 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 $500
nor more than $5,000 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 $1,000 or more than $7,500 or imprisonment
for a period not to exceed six months, or both.
[Amended 9-26-2011 by L.L. No. 5-2011]
B.
However, for the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
or any such ordinance or regulation 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. This section shall be
applicable to any owner, builder, architect, engineer, tenant, contractor,
subcontractor, construction superintendent or their agents or any
other person taking part or assisting in the construction or use of
any building or plot.
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 the illegal occupancy of a building, structure or business in or about any premises, and these remedies shall be in addition to the penalties prescribed in § 167-102.
