The Town Board of the Town of Hempstead has determined in order
to obtain satisfactory enforcement and compliance with the law, it
is necessary to increase the fines for zoning violations in excess
of the maximums authorized by § 268(1) of the Town Law of
the State of New York. It is the intent of the Town Board, pursuant
to the Municipal Home Rule Law of the State of New York to supersede
the portion of § 268(1) of the Town Law of the State of
New York as enacted by Chapter 598 of the Laws of 1985, insofar as
to authorize the Town Board to establish maximum fines for violations
of the Building Zone Ordinance set forth in the said § 268
of the Town Law.
[Amended 11-16-2004 by L.L. No. 95-2004, effective 12-10-2004]
A. For any and every violation of the provisions of the Building Zone
Ordinance, the owner, general agent or contractor of a building or
premises where much violations have been committed or shall exist,
and the lessee or tenant of an entire building or entire premises
where such violations have been committed or shall exist, or the owner,
general agent, contractor, lessee or tenant of any part of a building
or premises in which part such violation has been committed or shall
exist, and the general agent, architect, builder, contractor or any
other person who knowingly commits, takes part in or assists in any
such violation or who maintains a building or premises in which any
violation shall exist, shall be guilty of an offense punishable by
a fine not exceeding $500 or by imprisonment for a period not to exceed
six months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, such violation shall be punishable by a fine nor more
than $1,000 or by 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, such violation
shall be punishable by a fine of not more than $1,500 or by imprisonment
for a period not to exceed six months, or both. Each week's continued
violation shall constitute a separate additional violation.
B. Notwithstanding anything else in the Building Zone Ordinance, for any and every violation of §§
16, 29.3, 63, 76.3, 78, 83, 98, 109, 121, 157, 177, 196, 208, 220, 227, 230, 232.2, 236, 255.1 and 255.2 of the Building Zone Ordinance, the owner, general agent or contractor of a building or premises where much violations have been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, or the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part in or assists in any such violation or who maintains a building or premises in which any violation shall exist, shall be guilty of an offense punishable by a fine not less than $500 and not exceeding $1,500 or by imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, such violation shall be punishable by a fine not less than $1,500 nor more than $5,000 or by 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, such violation shall be punishable by a fine of not less than $2,500 nor more than $10,000 or by imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation.
C. Upon a second conviction of any violation of any of the provisions
of Article XXIII of the Building Zone Ordinance, the permit shall
be thereby revoked and the privilege of conducting such tourist camp
shall be thereby rescinded.