For violation of any provision of this chapter, the Town, as
authorized by § 268 of the New York State Town Law, may
pursue either the remedy of injunctive relief set forth in Subsection
A below, or the enforcement of the penalties set forth in Subsection
B below. Such remedies are not mutually exclusive and may be pursued
by the Town simultaneously.
A. The Town may initiate an action in Supreme Court for injunctive relief
whenever such injunctive relief may be necessary to prevent any further
violation of this chapter or any threatened and imminent violation
of this chapter.
B. The Town may initiate an action in Justice Court for violation of
this chapter. Conviction of such violation shall be deemed a misdemeanor
and shall be punishable as follows:
(1) Penalties.
(a)
For conviction of a first offense, the conviction shall be punishable
by a fine not to exceed $350 or imprisonment for a period not to exceed
six months, or both.
(b)
For a conviction of a second offense committed within a period
of five years of the first offense (whether for the same violation
as the first conviction or not), the second offense shall be punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both.
(c)
For conviction of any subsequent offense, where all offenses
are committed in the same five-year period, the subsequent conviction
shall be 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.
(2) Each week's continued violation shall constitute a separate additional
violation.
C. All costs of the remedy granted, whether injunctive or punitive,
shall be the liability of the violator and may be recovered accordingly
if incurred by the Town.
D. No application to the Town Board, Planning Board or Zoning Board of Appeals shall be accepted for any property on which, at the time the application is made, filed and/or taken under advisement, there is any unremedied cease-and-desist order or a cited violation [see §
98-87D(4)] of this chapter and/or any other ordinance or regulation of the Town existing as related to said property, except for the following:
(1) If the application is for relief which will eliminate the violation,
then the Board may accept the application; or
(2) If the Board finds a practical difficulty on the part of the applicant,
the Board may accept the application.
E. Upon failure or refusal of the Town to initiate any action or enforcement
proceeding following a period of 10 days after receipt of a written
request from a taxpayer of the Town to remedy any alleged violation
of this chapter, any three taxpayers of the Town adversely affected
by such violation, who are jointly and severally aggrieved by such
violation, may institute such appropriate action or proceeding in
like manner as the Zoning Administrator or any other body of the Town
is authorized to pursue.
F. No action may be taken on a property where a violation has been issued, with the exception of Subsection
D(1) and
(2) above, until the violation has been remedied, either by restoration, removal or restitution.